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COEEESPONDENCE 



rbiahvb to the 



PRESENT CONDITION OF MEXICO, 



COMMUNICATED TO 



THE HOUSE OF RE.PRfrSE;STATIVES 



H 



THE DEPARTMENT OF STATE, 



f/..t.4|!il4^- 



WASHINaTON: 

GOVERNMENT PRINTING OFFICE. 
1862. 



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MESSAG-E 



.oM - 



PRESIDENT OF THE UMTED STATES, 



m ANSWER 



To resolution of the House of the 2id of March last, transmitting report from the 
Department of State regarding the present condition of Mexico. 



Apeii. 15, 1862. — Referred to the Committee on Foreign AiJairs, and ordered to be printed. 



To the House of Representatives : 

In compliance with tke resolution of the House of Representatives of the 3d 
ultimo, rec[uesting information in regard to the present condition of Mexico, I 
transmit a report from the Secretary of State and the documents by which it 
was accompanied. 



ABRAHA.AI LIXCOLN". 



Washington, April 14, 1862. 



Department of State, 

Washington, Ap>ril 14, 1862. 

The Secretary of State, to whom was referred the resolution of the House of 
Representatives of the 3d ultimo, rec[uestiug' the President, " if not inconsistent 
with the public interest, to communicate to this house any correspondence or 
other iuformation in his possession relative to the present condition of Mexico, 
and especially in relation to the alleged design of the allied powers now inva- 
ding that country to establish a monarchy there," has the honor to lay before 
the President the papers containing the information desired jxs specified in the 
subjoined list. 

Respectfully submitted. 

WILLIAM H. SEWARD. 

The President. 



LIST OF DOCUMEKS 



EELATIKC TO 



MEXICAN AFFAIRS 



ACCOMPANTIXG THE 



President's message in reply to the resolution of the House of Representatives 

of March 3, 1862. 



Mr. Seward to Mr. Corwin April 6, 1861 

Mr. Corwin to Mr. Seward May 29, 1861. 

Same to same Juue 29, 1861. 

Mr. Seward to Mr. Corwin June 3, 1S61. 

Same to same June 24, 1861. 

Same to same July 30, 1861. 

Mr. Corwin to Mr. Seward Juue 29, 1861. 

Same to same July 29, 1861. 

Mr. La Reintrie to ministers of foreign powers in Mexico. .December 20, 1860. 

Mr. Seward to Mr. Corwin August 24, 1861. 

Mr. Corwin to Mr. Seward August 28, 1861. 

Mr. Seward to Mr. Corwin September 2, 1861. 

Mr. Corwin to Mr. Seward September 7, 1861. 

Mr. Seward to Mr. Corwin, (with one enclosure,) September 23, 1861. 

Mr. Corwin to Mr. Seward, (witb three enclosures,) September 29, 1861. 

jMr. Seward to Mr. Corwdn October 2, 1861. 

Same to same October 21, 1861. 

Mr. Corwin to Mr. Seward October 29, 1861. 

Mr. Sewaixl to Mr. CorAvin November 11, 1861. 

Mr. Corwin to Mr. Seward November 29, 1861. 

Mr. Seward to Mr. Corwin December 5, 1861. 

Mr. Corwin to Mr. Seward December 24, 1861. 

Same to same, (with six enclosures,) December 24, 1861. 

Mr. Seward to Mr. Corwin January 24, 1862. 

Mr. Corwin to Mr. Seward January 12. 1862. 



LIST OF DOCmiENTS 3 

Same to same January 26, 1862. 

Mr. Seward to Mr. Cordon February 15, 1S62. 

Same to same, (with one enclosure,) February 28, 1862. 

Mr. Cor^dn to Mr. Seward February 18, 1862. 

Mr. Seward to Mr, Corwin April 3, 1862. 

Mr. Romero to Mr. Seward, (witli twenty-eigbt enclosures,). . September 21, 1861. 

Mr. Seward to Mr. Eomero September 24, 1861. 

Mr. Romero to Mr. Seward, (with twelve enclosures,) September 30, 1861. 

Same to same, (with one enclosvire,) October 30, 1861. 

Same to same, (with one enclosure,) November 23, 1861. 

Same to same, (with seven enclosures,) November 28, 1861. 

Same to same, (with two enclosures,) December 21, 1861. 

Same to same, (with nine enclosures,) Januaiy 24, 1862. 

Same to same, (with three enclosures,) February 16, 1862. 

Same to same, (with one enclosure,) April 10, 1862. 

Mr. Seward to Mr. Romero April 11, 1862. 

The ministers of Spain, France, and Great Britain, to Mr. 

Seward, (enclosing convention of the allied powers, signed 

at London, October 31, 1861,) November 30, 1861. 

Mr. Seward to Mr. Tassara, Mr. Mercier, and Lord Lyons . .December 4, 1861. 

Mr. Seward to Mr. Adams August 24, 1861. 

Mr. Adams to Mr. Seward September 14, 1861. 

Same to same September 19, 1861. 

Mr. Seward to Mr. Adams September 24, 1861 

Mr. Adams to Mr. jeward September 28, 1861. 

Same to same October 4, 1861. 

Mr. Seward to Mr. Adams October 10, 1861. 

Mr. Adams to Mr. Seward October 11, 1861. 

Mr. Seward to Mr. Adams October 12, 1861. 

Same to same October 14, 1861. 

Same to same October 19, 1861. 

Mr. Adams to Mr. Seward October 24, 1861. 

Mr. Seward to Mr. Adams October 28, 1861. 

Mr. Adams to Mr. Seward November 1, 1861. 

Same to same November 8, 1861. 

Mr. Seward to Mr. Adams .November 9, 1861. 

Mr. Adams to Mr. Seward November 14, 1861. 

Mr. Seward to Mr. Adams November 21, 1861. 

Same to same November 25, 1861. 

Same to same December 18, 1861. 

Same to same , = January 8, 1862. 



4 LIST OF DOCUMENTS. 

Mr. Adams to Mr. Seward January 24, 1862. 

Mr. Seward to Mr. Adams February 19, 1S62. 

Same to same March 3, 1862. 

]Mr. Adams to Mr. Seward Febraary 14, 1862. 

Mr. Seward to Mr. Adams Marcb 10, 1862. 

Mr. Seward to J\Ir. Daytou September 2, 1861. 

Mr. Dayton to Mr. Seward September 25, 1861. 

Mr. Seward to Mr. Dayton October 11, 1861. 

Mr. Dayton to Mr, Seward September 27, 1861. 

Mr. Seward to Mr. Dayton October 19, 1861. 

Mr. Dayton to Mr. Seward November 6, 1861. 

Same to same October 16, 1861. 

Mr. Seward to Mr. Dayton November 4, 1861. 

Same to same November 23, 1861. 

Mr. Dayton to Mr. Seward November 7, 1861. 

Mr. Seward to Mr. Daytou December 18, 1861. 

Mr. Dayton to Mr. Seward January 15, 1862. 

Same to same February 13, 1862. 

Mr. Seward to Mr. Dayton Marcb 3, 1862. 

Same to same March 10, 1862. 

Same to same March 31, 1862. 

Mr. Dayton to Mr. Seward March 31, 1862. 

Mr. Schurz to Mr. Seward September 7, 1861. 

Same to same September 14, 1861. 

Mr. Seward to Mr. Schiirz October 14, 1861. 

Same to same October 14, 1861. 

Mr. Schurz to Mr. Seward October 4, 1861. 

Same to same October 9, 1861. 

Mr. Seward to Mr. Schurz October 28, 1861. 

Mr. Schurz to Mr. Seward October 15, 1861. 

Same to same November 3, 1861. 

Mr. Seward to "Mr. Schurz November 9. 1861. 

Mr. Schurz to Mr. SeAvard Novcml)er 7, 1861. 

Mr. Seward to ]\[r. Schurz November 11, 1861. 

Same to s?ame November 23, 1861. 

Mr. Seward to Mr. Schurz December 6, 1861. 

Same to same December 11, 1861. 

Correspondence respecting the affau's of ^[cxico, presented to botli hoiiscs of 

I'snliiniKiit by cfuumand of lier Majesty, 1862, containmg 123 (locumeuts. 



CORRESPOWDEICE. 



Mr. Seward to Mr. Corwin. 



No. 2.] Department of State, 

Washi?igfon, April 6, 1861. 

Sir : The actual condition of affairs in Mexico is so imperfectly understood 
here that the President finds it very difficult to give you particular and prac- 
tical directions for the regulation of your conduct during your mission. 

Our latest information Avas, in substance, that the provisional government 
of President Juarez, so long confined to the sea-coasts of the country, had 
finally overthrown its adversaries and established itself at the capital ; that 
the opposing armies had been demoralized and dispersed, and that there was 
no longer any armed resistance in the States ; that an election for president 
had been held, in conformity with the constitution of 1857, and that the now 
provisional president had probably secured a majority of the votes, although 
the result was as yet not certainly known. The pleasure which these events 
have inspired is unhappily diminished by rumors that the government is without 
sufficient authority or hold on the public confidence to maintain order ; that rob- 
beries are of frequent occurrence on the high roads, and even that a member of 
our late legation in the country has been murdered on his Avay from the city of 
Mexico to Vera Cruz. 

You Avill apply yourself at once, Avith energy and diligence, to iuA^estigate the 
truth of this last-mentioned occurrence, which, if found to ha\'c been accurately 
reported, will not only be regarded as a high offence against the dignity and 
honor of the United States, but Avill proA'e a scA'cre shock to the sensibilities of 
the American people. 

The President is unable to conceiA^e that any satisfactory explanation of a 
transaction so injurious to the character of Mexico can be made. He will, 
hoAvever, wait for your report concerning it, though with the deepest anxiety, 
before taking action upon the subject. 

I find the archives here full of complaints against the Mexican government 
for violations of contracts and spoliations and cruelties practiced against Ameri- 
can citizens. These complaints haA'e been lodged in this department, from time 
to time, during the long reign of cIahI Avar in AA-hich the fiictions of Mexico have 
kept that country iuA^olved, Avith a vicAV to haAdng them made the basis of de- 
mands for indemnity and satisfaction Avhenever goA-ermnent should regain in 
that country sufficient solidity to assume a character for resj>onsibility. It is 
not the President's intention to send forAvard such claims at the present moment. 
He Avillingly defers the performance of a duty which at any time wovdd seem 
ungracious, until the incoming administration in Mexico shall haA'e had time, if 
possible, to cement its authority and reduce the yet disturbed elements of society 
to order and harmony. You Avill, howcA^er, be expected, in some manner which 
will be marked with firmness as well as liberality, to keep the gOA-ernment there 
in mind that such of these claims as shall be found just will, in due time, be 
presented and urged upon its consideration. 

While noAA^ as heretofore, it is a duty of this government to reason with that 
of Mexico, and deprecate a continuance of the chronic reign of disorder there, 
a crisis has unliappily arrived, in Avhich the performance of this duty is embar- 
rassed by the occurrence of civil commotions in our oaatii country, by which 



6 THE PEESENT CONDITION OF MEXICO. 

Mexico, in couseqiience of her proximity, is not luilikely to be affected. The 
spirit of discontent seems, at last, to have crossed the bottler, and to be engaged 
in an attempt to overthrow the anthority of this government in some parts of 
the comitry -which adjoin the Mexican republic. It is much to be feared that 
new embarrassments of the relations of the two countries will happen when 
authority so long prostrated on the Mexican side finds the power of the United 
States temporarily suspended on this side of the frontier. Whatever evils shall 
thus occur, it is much to be feared, will be aggravated by the intervention of the 
Indians, who have been heretofore with difficulty restrained from violence, even 
while the federal authority has beeii adequately maintained. 

Both of the govenmients must address themselves to this new and annoying 
oondition of things, with common dispositions to mitigate its evils and abridge 
its duration as much as possible. 

The President does not expect that you will allude to the origin or causes of 
our domestic difliculties in your intercourse with the government of Mexico, 
although that government will rightfully as well as reasonably ask what are 
his expectations of their course and their end. On the contrary, the President 
will not suffer the representatives of the United States to engage in any discus- 
sion of the merits of those difliculties in the presence of foreign powers, much 
less to invoke even their censure against those of our fellow-citizens who have 
arrayed themselves in ojiposition to its authority. 

But you are instructed to assure the government of Mexico that these diffi- 
culties, having arisen out of no deep and permanent popular discontent, either 
in regard to our system of government itself or to the exercise of its authority, 
and being attended by social evils Avhich are as ruinous as they are unnecessary, 
while no organic change that is contemplated could possibly bring to any por- 
tion of the American people any advantages of security, peace, prosperity, or 
happiness equal to those which the federal Union so effectually guaranties, the 
President confidently believes and expects that the people of the United States, 
in the exercise of the wisdom that hitherto has never fiiiled them, will speedily 
and in a constitutional way adopt all necessary remedies for the restoration of 
the public peace and the preservation of the federal Union. 

The success of this government in conducting affairs to that consummation 
may depend in some small degree on the action of the government and people 
of Mexico in this new emergency. The President could not fail to sec that 
Mexico, instead of being benefited by the prostration or the obstruction of fed- 
eral authority in this country, would be exposed by it to new and fearful dan- 
gers. On the other hand, a condition of anarchy in Mexico must necessarily 
operate as a seduction to those who are conspiring against the integrity of the 
Union to seek strength and aggrandizement for themselves by conquests in 
Mexico and other parts of Spanish America. Thus, even the dullest observer 
is at last able to see what was long ago distinctly seen by those who are en- 
dowed with any considerable perspicacity, that peace, order, and constitutional 
authority in each and all of the several republics of this continent are not ex- 
clusively an interest of any one or more of them, but a common and indispen- 
sable interest of them all. 

This sentiment Avill serve as a key to open to you, in every case, the pur- 
poses, wishes, and expectations of the President in regard to your mission, 
which, I hardly need to say, he considers at this juncture perhaps the most- in- 
teresting and important one within the whole circle of our international relations. 

The President of the United States docs not know, and he will not consent 
to know, with prejudice or undue favor any political party, religious class, or 
sectional interest in Mexico. lie regrets that anything should have occurred to 
disturb the peaceful and friendly relations of ]\Iexico with some of tlie foreign 
states lately represented at her capital. lie hopes most sincerely that those 
relations may be everywhere renewed and reinvigorated, and that the indepcnd- 



THE PEESENT CONDITION OF MEXICO. 7 

ence and sovereignty of Mexico and the government wliicli lier people seem at 
last to have accepted, after so many conflicts, may be now universally acknowl- 
edged and respected. 

Taking into view the actual condition and circumstances of Mexico, as well 
as those of the United States, the President is fully satisfied that the safety, 
welfare, and happiness of the latter would be more effectually promoted if the 
former should retain its complete integrity and independence, than they could 
be by any dismembemient of Mexico, with a transfer or diminution of its sover- 
eignty, even though thereby a portion or the whole of the country or its sover- 
eignty should be transferred to the United States themselves. The President 
is, moreover, well aware that the ability of the government and people of Mexico 
to preserve and maintain the integrity and the sovereignty of the republic might 
be very much impaired, under existing circumstances, by hostile or unfriendly 
action on the part of the government or of the people of the United States. If 
he needed any other incentive to practice justice and equality towards Mexico, 
it would be found in the reflection that the very contention and strife in our 
own countr}^ which at this moment excite so much domestic disquietude and so 
much surprise throughout a large part of the world, could probably never have 
happened if Mexico had always been able to maintain with finnness real and 
unquestioned sovereignty and independence. But if Mexico has heretofore 
been more unfortunate in these respects tlian many other modem nations, there 
arc still circumstances in her case which justify a hope that her sad experience 
may be now coming to an end. Mexico really has, or ought to have, no enemies. 
The Avorld is deeply interested in the development of her agricultural, and 
especially her mineral and connnercial, resources, Avhile it holds in high respect 
the sunple virtues and heroism of her people, and, above all, their inextuaguish- 
able love of civil liberty. 

The President, therefore, will use all proper influence to fovor the restoration 
of order and authority in Mexico, and, so far as it may be in his power, he will 
prevent incursions and every other form of aggression by citizens of the United 
States against Mexico. But he enjoins you to employ your best efforts in con- 
vincing the government of Mexico, and even the people, if, wdth its approval, 
you can reach them, that the surest guaranty of their safety agamst such ag- 
gressions is to be found in a pennauent restoration of the authority of that 
government. If, on the other hand, it shall appear in the sequel that the Mexi- 
can people are only now resting a brief season to recover their wasted energies 
sufficiently to lacerate themselves with new domestic conflicts, then it is to be 
feared that not only the government of the United States, but many other gov- 
ernments, will find it impossible to prevent a resort to that magnificent country 
of a class of persons, unhappily too numerous everywhere, who are accustomed 
to suppose that visionary schemes of public interest, aggrandizement, or reform, 
will justify even lawless invasion and aggression. 

In connexion with this point, it is proper that you should be infonned that the 
Mexican government has, through its representative here, recently complained 
of an apprehended attempt at invasion of the State of Sonora by citizens of 
California, acting, as is alleged, with the knowledge and consent of some of the 
public authorities in that State. You will assure the Mexican government that, 
due care being first taken to verify the facts thus presented, effective means 
shall be adopted to put our neutrality laws into activity. 

The same representative has also expressed to the President an apprehension 
that the removal of the federal troops from the Texan border may be folloAved 
by outbreaks and violence there. There is, perhaps, too much ground for this 
apprehension. Moreover, it is impossible to foresee the course of the attempts 
which are taking place in that region to subvert the proper authority of this 
government. The President, however, meantime dhects you to assure the 
Mexican government that due attention shall be bestowed on the condition of 



8 THE PEESENT CONDITION OF MEXICO. 

tlie frontier, witli a view to tlie preservation and safety of the peaceable inhabit- 
ants residing there. He hopes and trusts that equal attention wall be given to 
this important subject by the authorities of Mexico. 

These matters, grave and urgent as they ai-e, must not altogether -withdraTV 
our attention from others to which I have already incidentally alluded, but 
which require more explicit discussion. 

For a few years past the condition of Mexico has been so unsettled as to 
raise the question on both sides of the Atlantic Avhether the time has not come 
when some foreign power ought, in the general interest of society, to intervene 
to establish a protectorate or some other fonn of government in that country 
and guaranty its continuance there. Such schemes may even now be held under 
consideration by some European nations, and there is also some reason to believe 
that designs have been conceived in some parts of the United States to effect 
either a partial dismemberment or a complete overthrow of the Mexican govern- 
ment, with a view to extend over it the authority of the newly projected con- 
federacy which a discontented part of our people are attempting to establish in 
the southern part of our own country. You may possibly meet agents of this 
jirojected confederacy, busy in preparing some farther revolution in Mexico. 
You will not fail to assure the government of Mexico that the President neither 
has, nor can ever have, any sympathy with such designs, in whatever quarter 
they may arise, or whatever character they may take on. 

In view of the prevailing temper and political habits and opinions of the 
Mexican people, the President can scarcely believe that the disaftected citizens 
of oiu- own country, who are now attempting a dismemberment of the American 
Union, will hope to induc§ Mexico to aid them by recognizing the assumed in- 
dependence which they have proclaimed, because it seems manifest to him that 
such an organization of a distinct government over that part of the present 
Union which adjoins Mexico would, if possible, be fraught with evils to that 
country more intolerable than any which the success of those desperate measures 
could inflict even upon the United States. At the same time it is manifest that 
the existing political organization in this country afibrds the surest guaranty 
Mexico can have that her integrity, union, and independence will be respected 
by the whole people of the American Union. 

The President, however, expects that you will be watchful of such designs 
as I have thus described, however improbable thej' may seem, and that you will 
use the most effective measures in your power to counteract any recognition of 
the projected Confederate States by the Mexican goveriunent, if it shall be 
solicited. 

Your large acquaintance with the character of the Mexican people, their in- 
tei-ests and their policy, will suggest many proper arguments against sucli a 
measure, if any are needful beyond the intimations I have already given. 

In conclusion, the President, as you are Avell aware, is of opinion that, 
alienated from the United States as the Spanish American republics have been 
for some time past — largely, perhaps, by reason of errors and prejudices peculiar 
to themselves, and yet not altogether Avithout fault on our own part — that those 
States and the United States, nevertheless, in some respects, hold a common 
attitude and relation toAvards all other nations; that it is the interest of them 
all to be friends as tliey are neighbors, and to mutually maintain and support 
each other so far as may be consistent with the individual sovereignty Avliich 
each of them rightly enjoys, equally against all disintegratmg agencies within, 
and all foreign influences or power without their borders. 

The President never for a moment doubts that the republican system is to 
pass safely through all ordeals and prove a permanent success in our own 
country, and so to be commended to adoption by all other nations. But he 
thinks also that that system everyAvherc has to make its way painfully through 
ditticulties and embarrassments, which result from the action of juitagonistical 



THE PEESENT CONDITION OF MEXICO. 9 

elements wliicli are a legacy of former times and very different institutions. 
Tlie President is topeful of tlie ultimate triumph of this system over all 
obstacles, as well in regard to Mexico as in regard to every other American 
State ; but he feels that those States are nevertheless justly entitled to a greater 
forbearance and more generous sympathies from the government and people of 
the United States than they are likely to receive in any other quarter. 

The President trusts that your mission, manifesting these sentiments, will re- 
assure the government of Mexico of his best disposition to favor their com- 
merce and their internal improvements. He hopes, indeed, that your mission, 
assuming a spirit more elevated than one of merely commerce and conventional 
amity, a spirit disinterested and unambitious, earnestly American in the conti- 
nental sense of the word, and fraternal in no affected or mere diplomatic mean- 
ing of the term, while it shall secure the confidence and good Avill of the 
government of Mexico, will mark the inauguration of a new condition of things 
directly conducive to the prosperity and happiness of both nations, and ulti- 
mately auspicious to all other republican states throughout the world. 
I am, sir, your obedient servant, 



WILLIAM H. SEWAED. 



Thomas Corwin, Esq., i^., S^c, Sfc. 



Mr. Corwin to Mr. Seward. 
[Extract.] 



No. 1.] Legation of the United States, 

City of Mexico, May 29, 1861. 

gjfj. ******** 

I deem it of the very first importance that our consuls at every port on the 
Gulf of Mexico should be at their respective posts, with careful and specific in- 
structions as to their treatment of vessels sailing under the flag of the Confed- 
erate States, or having papers from ports within those States, made out by 
officers under their authority. 

Should the relations now existing, or which may hereafter exist, between the 
United States and the seceding States be such as to require of me any specific 
act in relation to such state of things, I beg to be advised of it by the depart- 
ment as early as possible. 

The present government of Mexico is well affected towards us in our present 
difficulties, but, for obvious reasons, will be unwilling to enter into any engage- 
ment which might produce war with the south, unless protected by promise of 

aid from the United States. 

******** 

I am, &c., 

THOMAS COKWIN. 
Hon. W. H. Seward, S^., S^c., 8fc. 



Mr. Corwin to Mr. Seward. 

[Extracts] 

No. 2.] Legation op the United States, 

Mexico, June 29, 1861. 
gjjj .******#* 

The present time is most propitious for securing the advantages and prevent- 



10 THE PRESENT CONDITION OF MEXICO. 

ing tlie evils wliich I lifive suggested. The government here feels the strongest 

sympathy with the Uuited States. 

******** 

It has been my constant endeavor since my an-ival here to possess the Mexi- 
can mind of the tinxe causes of our difficulties, and thus enable them to estimate 
the danger to this republic which ^^rill result from any unfavorable termination 
of them. I am quite sure that whilst this government will endeavor to preserve 
peaceful relations with all the European powers on fair teims, it regards the 
United States as its ti'ue and only reliable friend in any stiniggle which may 
involve the national existence. That this should be so is somewhat remark- 
able, when we regard the deep prejudices engendered in the general Mexican 
mind by the loss of Texas, which they attribute to our citizens, and the com- 
pulsory cession of tenitory which was a consequence of our war with them. 
* * ****** 

I am, &c., 

THOMAS CORWm. 
Hon. W. H. Seward, 

Secretary of State, U. S., Sfc, Sfc, Sfc. 



Mr. Seu-ard to Mr. Corwin. 

[Extract.] 



No. S.] Department of State, 

WasJiington, June 3, 1861. 

Sir: Information, which wears an air of authenticity, leads us to apprehend 
that a design exists, on the part of the insurgents of this country, to gain pos- 
session of the peninsula of Lower California, to cut off our commerce with Mexico, 
to seize the Panama steamers, and, with the aid of the treasure so to be acquired, 
to extend their conquests to Sonora and Chihuahua. The design is understood 
to embrace an ultimate absorption of all Mexico. We are informed that the 
native-born population of California would, to a man, join the invaders in such 
a case. 

We shall immediately take care to have the commanders of our land and 
naval forces on the Pacific coast and ocean instructed to prevent this threatened 
violation of the territory and sovereignty of Mexico. The President desires 
you to bring the subject at once to the notice of the government of that 
republic. 

You will invoke its energetic and vigorous efforts to the defence of its own 
sovereignty in the peninsitla. 

Secondly, you will assure that government of the cordial co-operation of this 
government, and will ask its consent, if there shall be need for the intervention 
of our forces, so inv as to prevent the invasion, by the insurgent citizens of this 
country, from being made effectual ; it being in no case the purpose of this gov- 
ernment to retain any possession, or exercise any political authority within the 
limits of Mexico, beyond the defeat of the designs before described. 

Thirdly, the United States do not desire to acquire any part of Mexico. 

#♦##**#*** 

Thomas Cobwin, Esq., Sfc., Sfc., Sfc. 



THE PRESENT CONDITION OF MEXICO. 11 

Mr. Seward to Mr. Corwin. 

[Extracts.] 

No, 11.] Department of State, 

WasJiington, June 24, 1861. 

Sir: Your despatcli (No. 1) of the 29tli of May last lias been received. 

The President approves your speech to the chief magistrate of Mexico, and is 
gratified with the very just and generous sentiments expressed by him in his 
reply. 

This government is highly pleased •with the opinions and sentiments so full 
of generosity and of hope in regard to Mexico which you have expressed in 
your despatch. We pray God that they may be vindicated by the restoration 
of the peace, order, credit, power, and influence of that republic. 

Your suggestion to negotiate for religious liberty in behalf of American citizens 
in Mexico is cordially approved, and you are authorized to make it a subject as 
prominent as you may think discreet in the negotiations, in regard to which we 
have left you so liberal a range. We think favorably also of your suggestion 
to obtain a stipulation against the imposition of forced loans on Aiaerican citizens 

in any emergencies, and you will negotiate accordingly. 

********** 

The President expects that you will in every case exercise your best judg- 
ment as to the measures necessary to prevent the insurgent anned vessels from 
finding shelter in Mexican ports, and also to prevent arms and other military 
stores beiug carried to the seceding States through Mexico. The consuls will 
be instructed to confer with you and follow your instructions. 

We arc attempting to negotiate, through Mr. Romero, a postal treaty with the 
republic of Mexico. You will be promptly advised of our progress. * * 

Thomas Corw^in, Esq., Sfc., &fc., 4^. 



Mr. Seioard to Mr. Corwin. 
[Extract.] 



No. 13.] Department of State, 

WasJiington, July 30, 1861. 

Sir : I communicate to you extracts from a despatch which has just been 
received from Mr. Dayton, our minister in France. 

I fear that Mr. Almonte's solicitude about our relations with the present gov- 
ernment of Mexico is excited by wishes personal rather than patriotic. I am 
unable to see how any good could happen to Mexico from overturning the pres- 
ent government and bringing in another which could give no better guarantees 
of stability and order. But I am too far from the scene to judge safely either 
for our own government or for that of Mexico. 

Thomas Corwin, Esq., S^c, <^., S^. 



12 THE PRESENT CONDITION OF MEXICO. 



3Ir. Corwin to Mr. Seward. 

[Extracts] 
No. 2.] Mexico, Ju7ie 29, 1S61. 

Sir : I have tlie honor to acknowledge the receipt of your despatches Nos. 
3, 4, 5, 6, and 7, with the papers referred to in them. 

Since my last despatches the country here has been in a state of great disorder. 
Bands of anned men, in numbers A^arying from fifty to four thousand, have been 
ravaging the country in this and two or three adjoiniug States, pushing their 
operations to the very suburbs of this city. These forces are made up of the 
fragments of the army commanded formerly by ]\Iiramon, and a portion of the 
worst of the liberal troops disbanded on the final conquest of this city in Decem- 
ber last — the latter generally organized for the mere purpose of plunder, and 
acting under chiefs taken from the forces of the church party, or, as they are 
called, reactionists. Marquez (the same ofiicer who ordered the infamous mas- 
sacre at Tacubaya) commands the reactionary forces, and has been hovering in 
the mountains near Mexico for the last week — sometimes within ten miles of 
the city. He is reported to have marched now to the neighborhood of Puebla. 
The government forces have pursued him for several hundred miles within the 
last two weeks Avithout result. General Ortega commands the liberal forces. 
He is now in the city. Two days ago the congress (now in session) elected 
him chief judge of the supreme court. This was a merely revolutionary move- 
ment, as the constitution gives no authority of the kind to that body, but cx- 
j)ressly provides that the judges of that court shall be elected Zi?/ the people. 
This act was done to pave the way, however, to make Ortega president, as it 
was supposed Juarez could be persuaded to resign, and in that event the newly- 
elected judge (by the constitution) woiald take his place. Every means of a 
peaceful nature is now being employed to induce Juarez to resign. I think the 
project will succeed, and Ortega will be the next revolutionary president. I 
entertain strong fears that this movement will fail of its intended effect. Having 
its origin in a revolutionary act, not warranted by the constitution, it will form 
a plausible precedent for another act of the same nature in favor of some other 
chief who may attain a temporary popularity in a similar emergency, which is 
very likely to arise soon unless Ortega shall be more fortunate than his prede- 
cessors for the last forty years. The great Avant of this republic is that pnhlic 
ojyinion Avhich is so omnipotent with us, and tliis again arises from the Avant of 
an enlightened j^eoplc. Hence, in the last forty years Mexico has passed through 
thirty-six diff(n-ent forms of government ; has had scvcnty-tAvo, or rather, up to this 
time, has had sca' enty-three presidents. Still, I do not despair of the final triumph 
of free government in Mexico. Progress has been made. The signs of regenera- 
tion, though fcAV, are still A'isiblc. Had the present liberal party enough money at 
command to pay an anny of ten thousand men, I am satisfied it could suppress the 
present opposition, restore order, and preserA'c internal peace. These once achicA'cd, 
the leaders of this party Avould adliere to the Avritten constitution and enforce 
obedience to laAV ; and industry, secure in its rewards, Avould soon take the 
place of idleness and crime. ]*]dueation of the right kind begins to be felt as a 
necessity, Avhich in time Avould, under such auspices, expel from the minds of 
the people religious superstition, and make th(> supremacy of either religious or 
political despotism imi)ossil)h\ I am persuaded that the pecuniary resources to 
eft'ect these ol)jects at this time nnist come from abroad. This country is ex- 
hausted, as might be expected, by forty years of almost uninterrupted civil Avar. 
She looks uoav, and has looked for some time in vain, for help from other nations 



THE PRESENT CONDITION OF MEXICO. 13 

England presses lier, and claims from her tlie scanty resources at lier command, 
to pay the interest on a debt of abont sixty-two millions due to British subjects. 
France urges with equal pertinacity the claims of French subjects, into whose 
hands bonds issued by the Zuloaga and Miramon governments to the amount 
of some fifty millions have fallen. These last were put out at a time -when the 
liberal government was contending against the above-named self-constituted 
dictators in that struggle which terminated in their final overthrow six months 
ago. These bonds, it is said, were sold to French subjects here for sums vary- 
ing from one-half of one per cent, to four or five per cent., and are now claimed 
as a debt of the republic, to be paid in full. Meantime there is not one dollar 
from day to day in the treasury, and only yesterday another heavy forced loan 
was made to raise money to pay troops to protect the citizens of this capital and 
its neighborhood from pillage and slaughter. I state the foregoing facts as uni- 
versally admitted, in the hope of obtaining from the department instructions 
permitting me to negotiate a treaty which, for ample equivalents, may stipulate 
for the payment by us of a sum varying from five to ten millions in money 
or United States stocks, to be paid in instalments to this government, which 
■would enable it to keep on foot a sufficient force to save it from ultimate sub- 
jugation, perhaps to one of these European monarchies, or, it may be, from a 
partition of its territory amongst them all. The sale of territory is the last 
expedient to which this government will resort : perhaps it Avould be refused 
under any circumstances. If, however, this could be effected, I presume at 
present it Avould not be a popular measure with our government. If this should 
be adopted, I would strongly recommend Lower California as the most eligible 
for both parties. This territory is of no value to Jlexico ; its population does 
not exceed tAvelve thousand. A glance at the map will show its importance to 
us in a naval or military point of view, in the event of an attack upon oiu' 
Pacific possessions by any naval power, or any attempt upon us or Mexico in 
that quarter by a lawless force. I have reason to know that this territory is 
much more valuable than is generally supposed in mineral resources. 

Another expedient, and perhaps one more likely to be favored by both govern- 
ments, is this : The Mexican tariff is noAV imdcr revision by a committee w^hose 
labors will be submitted soon to Congress. In conversation with one of the 
leading minds here, he suggested that for a sum, to be stipulated in a treaty, to 
be paid in instalments, Mexico would agree to admit all articles the groAvth or 
manufacture of the United States at a rate fifty per centum below the duties to 
be paid by other nations, Avith a stipulation that no change shall be made in 
favor of other nations A\'ithout a payment by such nations of an amount equal to 
that paid by us, calculated upon the proportion Avhich the commerce of such 
nation Avith Mexico has borne for the last five years to ours. I wish to be 
understood here as only suggesting the outlines of an arrangement, or rather 
the leading principle which should be adopted, if a measure of that kind is 
thought expedient. 

It has been supposed that the church property, which has been secularized 
and made available to the government, would furnish an ample fund to enable 
the government to preserve itself and pay the interest and principal of the public 
debt. This fund has been entirely, or almost entirely, exhausted in the last three 
years' struggle, and is no longer a resource to be calculated upon. If the liberal 
government here is not sustained, and the church party get possession of the 
capital again, the following conseqitences may be calculated on as ineA'itable : 
FiL'st. It is most probable that, as heretofore, the liberal goA^ernment will take 
refuge in some one of the States favorable to it, and AA^ige another protracted 
AA^ar for supremacy, the end of A\4iich must be considered as doubtful w^hen we 
take into vicAV the exhausted condition of the States favorable to the liberal 
party ; or, secondly, the respective States Avill form combinations regulated by 
territorial and neighborhood ideas, and set up a number of small confederacies, 



14 THE PEESENT CONDITION OF MEXICO. 

say four or five. Looking at the geograpliical and political map of tlie republic, 
it is not likely, in tlie event of a disintegration, tliat there would be less than 
four separate political organizations. Each of these would be too weak to stand 
alone against the temptation to seek a protectorate somewhere. Ambitious 
chiefs would soon be found, like Santa Anna, of San Domingo, who would throw 
their power down at the feet of some European government. I have strong 
reasons for the belief that England, France, and Spain are each looking to such 
a result. England desires to possess (as she now very nearly does, owing o 
our neglect of our interests in this quarter) the commerce of the Gulf States as 
well as that of the western coast. Spain, in her rising fortimes, cannot but de- 
sire to repossess herself of her lost American colonies. The recent movement 
on San Domingo is ample proof of this. The towering ambition of Napoleon to 
regulate Europe, when it shall have been gratified in that quarter, will seek to 
dazzle the world by impressing upon this continent the idea of French glory 
and French supremacy. Indeed, I have seen, in a recent number of a creditable 
journal, a statement that France and England now have under consideration the 
project of intervention in Mexican affairs. How will any or all of these ideas, 
if realized, affect the great idea of free government on this continent 'I Surely 
American statesmen should be awake to even a suspicion that such portentous 
events are possible. Had our madmen allowed the majestic march of freedom 
to progress, Spain would not now have shown her flag in San Domingo, nor 
would it ever have been suggested that any possible event could make Mexico 
again a rich appanage to any European cro-ma. Unhappy as oiir domestic 
situation may now be, I feel an assured confidence that the northern United 
States are equal to the successful tennination of the straggle at home, and at 
the same time able to secure our interests and promote successfully the cause 
of human progress on this entire continent. These opinions have led me to re- 
gard our present connexions with Mexico as of more importance than they may 
seem to be to those who are in the midst of the great rebellion which very 
properly engrosses the chief attention of the government at this time. My 
duty, I have supposed, was to guard our interests here, as they are connected 
directly or remotely with those ideas Avhich are now in conflict in the United 
States. 

The present time is most propitious for seeming the advantages and prevent- 
ing the evils which I have suggested ; the government here feels the strongest 
sympathy with the United States. ***** It has been my constant 
endeavor since my an-ival here to possess the Mexican mind of the true causes 
of our difiiculties, and thus enable them to estimate the danger to this republic 
Avhich will result from any unfavorable termination of them. I am quite siire 
that whilst this government will endeavor to preserve peaceful relations with all 
the European powers on fair terms, it regards the United States as its true and 
only reliable friend in any struggle which may involve its national existence. 
That this should be so is somewhat remarkable, when we regard the deep preju- 
dices engendered in the general Mexican mind by the loss of Texas Avhich they 
attribute to our citizens, and the compulsory cession of territory Avhich was a 
consequence of our war with them. 



Very respectfully, your obedient servant, 

Hon. W. H. Seward, 

Secretary of State, U. S. of America. 



THOMAS CORWIN 



THE PEESENT CONDITION OF MEXICO. 15 



Mr. Corwin to Mr. Seioard. 

No. 3.] Legation of the United States, 

City of Mexico, My 29, 1861. 

Sir : In my last despatch to the department under date of 29tli ultimo, No. 
2, I suggested the probability of an armed European intervention in the affairs 
of Mexico, or a partition of its territory. 

Since that time events here have given greater plausibility to those fears. 
On the 17th day of this month the Mexican congress passed a decree suspend- 
ing the payment of all debts of every sort due from the government for the 
term of two years. 

The English and French mmisters immediately sent in their protests respec- 
tively, copies of which, marked G 1 and 2, I transmit herewith. 

At the expiration of the time mentioned in these protests, the legations of 
both these powers took down then* flags and signs, and advised the department 
of foreign affairs here that all diplomatic intercourse with their respective gov- 
ernments and Mexico was at an end. England and France seem to be acting 
in concert in this movement. They either intend to frighten Mexico into a repeal 
of the obnoxious decree, or they take this step as the best and quickest means 
to initiate such movements as will end in possible occupation of the entire mari- 
time frontier of the republic, which would inevitably lead to the possession of 
the whole of the interior. 

I beg the department to consider whether, if it he fossible, our duty and in- 
terest do not require of us to prevent the consummation of this scheme. 

If the interest of the debt due to English bondholders could be secured, say 
for five years, that alone would put a stop to every attempt of the kind sug- 
gested above. The bondholders' debt is now about sixty-two millions, bearing 
an interest of three per cent, per annum. The interest on this debt would 
amount to less than two millions a year. If Mexico should offer any eqiiiva- 
lent acceptable to our government for the guarantee of the payment of this in- 
terest for five years, would it not be our interest to close with such a proposi- 
tion? 

England and Spain are now in possession of the best of the West India islands, 
(for I consider San Domingo is certain to fall into the hands of Spain before our re- 
bellion is quelled,) and Mexico a colony of England, with the British power on 
the north of our possessions, would leave on the map of this continent a very 
insignificant part for the United States, especially should the present unnatural 
rebellion end in the final severance from us of eight or nine, or all of the slave 
States. 

Mexico, I am persuaded, would be willing to pledge all her public lands and 
mineral rights in Lower California, Chihuahua, Sonora, and Sinaloa, as well as 
her national faith, for the payment of this guarantee. This would probably 
end in the cession of the sovereignty to us. It would be certain to end thus if 
the money were not promptly paid as agreed on. By such an arrangement two 
consequences would follow: First, all hope of extending the dominion of a 
separate southern republic in this quarter or in Central America would be ex- 
tinguished, and any further attempt in all time to come to establish European 
power on this continent would cease to occupy the minds of either England or 
continental Europe. If the republics of Slexico or Central America could 
maintain themselves against southern filibusters or European cupidity, I should 
not desire either to intermeddle in their concerns or add any of their temtory 
to ours, except, perhaps. Lower California, which may become indispensable to 
the protection of our Pacific possessions. 

The reasons, however, for a departure from this rule, arising out of our present 



16 THE PRESENT CONDITION OF MEXICO, 

apparent -weakness, stimulating aggression, as well by filibusters as Europeans, 
seem to demaud serious cousideratiou. Tbe United States are the only safe 
guardians of tlie independence and true civilization of this continent. It is their 
mission, and they should fulfil it. This task would have been comparatively 
easy but for the madness of the south, plunging us into our present difficulties. 

Europe is quite willing to see us humbled, and will not fiiil to take advantage 
of our embarrassments to execute purposes of which she would not have dreamed 
had we remained at peace. 

I repeat these suggestions as my reasons for desiring instructions on the points 
stated above, relating to aid to Mexico in some form suitable to her present 
exigencies. 

Her late suspension, leading to the cessation of diplomatic relations with 
England and France, may, perhaps, have been imprudent. She could not pay 
the debts, however, and maintain her government ; and perhaps it was as well to 
say she would not pay for two years, as to promise to pay, and subject herself to 
the mortification of constantly asking further time. She is impoverished to the 
last degree by forty years of civil war. I cannot find in this republic any men 
of any party better qualified, in my judgment, for the task than those in power. 
If they do not save her, then I am quite sure she is to be the prey of some 
foreign power, and they, I fear, cannot without our aid. I say oicr aid, for she 
will look in vain for help elsewhere. 

Mr. J. T. Pickett is here in the character of commissioner from the so-called 
" Confederate States." I believe the secretary of foreigu affiiirs has given him 
a private interview at his house. I have the positive assurance of the president 
that this government will not entertain any propositions coming from that quarter 
which may seem to recognize these States in any other light than as a part of 
the United States. 

Well-informed Mexicans, in and out of the government, seem to be well aware 
that the independence of a southern confederacy Avould be the signal for a Avar 
of conquest Avith a vicAV to establish slaA'ery in each of the tAveuty-tAvo States of 
this republic. 

I have judged it proper to forAA-ard to our ministers at Paris and London the 
protests of the French and English ministers to the decree of the Mexican con- 
gress, in the hope that they AA'ill offer their good oflices to mitigate the unfriendly 
feeling of the British and French cabinets toAvards this country. 

I have nearly completed the arrangement for tA\^o treaties AAdth th§ cabinet. 
They Avill probably be submitted to congress before its adjournment, Avhich is 
fixed for the 30th instant, but may be postponed for a fcAV days. I have ho 
doubt of their ratification, but it Avill come too late for the present mail. 

One of these is a treaty for the extradition of criminals, the other is a postal 
couA-ention. The latter is in all essentials quite the same Avith that, a form of 
whicli reached here from Mr. Romero. The former is, in substance, like those 
we haA'e concluded AAMtli other poAvers. 

I am deeply impressed AA'ith the necessity of haA'ing our consul at Vera Cruz 
at his post. I forAvarded his exequatur to the vice-consul at that place some 
AA'eeks since. I am satisfied tliat the public interests require the best officers at 
all the ports on tlie Gulf, as Avell as in the West India islands. 

I beg to call your attention to a paper addressed by Mr. La Reintrie, acting 
as special agent of this legation under instructions from Mr. ^McLaue, to all the 
foreign ministers at this place, uiuler date of December :iOth last. It must or 
should be in the State Departmenl, as well as the instructions of Mr. McLane, 
on which it is based. I Avish to knoAV if the government concurs fully in the 
vicAvs and principles therein set forth. I hope the government Avill immediately 
take steps to insure a mail twice a month between Noav York and Vera Cruz. 
As NeAS' (Jrleans is now a closed port, Ave can only receiA^e adA-ices once a month — 
this a British steamer, and that by no means certain. The commerce of the 



THE PRESENT CONDITION OF MEXICO. 17 

Gulf would be much more secure had Ave two vessels sailing in tliose waters 
once a month. 

I must also ask your particular attention to papers forwarded to the depart- 
ment on the 23d March last by Colonel Waller, exculpating Colonel Natzmer, 
vice-consul at Minatitlan, from the charges on which he was removed. I know 
Mr. A. C. Allen well, (the consul at that place,) he is a gentleman on whose 
truth and honor I am sure I can rely. He has satisfied me that Natzmer is not 
guilty of any act inconsistent with his official duty. His statement is with the 
papers alluded to. I trust Colonel N. will be restored. 

I have received from the department the President's proclamation, under date 
of April 19, 1861. 

I am, very respectfully, your most obedient servant, 

THOMAS CORWm. 

29th, 1 p. M. 

P. S. — The mails per British steamer are just at hand, but I have not a 
single communication or paper. A passenger states (as I am informed by the 
consul at Vera Cruz) that an American steamer was in sight as the British 
steamer was leaving Havana. 

No mail is expected from Havana imtil 15th August, Avhen the steamer Union 
leaves there, her mails reaching this city on the 26th of that month, before 
which time it will therefore be impossible for me now to get any advices. 

My latest despatches from the department are those I acknowledged on the 
29th ultimo. 

Respectfully, 

THOMAS CORWIN. 
Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. La Reintrie to Minutcrs of Foreign Powers in Mexico. 

San Angel, (near Mexico,) 

December 20, 1860. 

Sir : I have the honor to advise you of my arrival at this place in the charac- 
ter of special agent of the legation of the United States in Mexico, with instruc- 
tions from the honorable Robert M. jVIc Lane, envoy extraordinary and minister 
plenipotentiary of the United States, to communicate with the representatives of 
foreign powers now residing in the city of Mexico, and to make known to them 
the policy of the government of the United States with respect to Mexico, under 
the present deplorable circumstances which afflict this republic. 

You are aware that proposals have already been made by the government of 
Great Britain to the two parties now contending for political power and ascend- 
ency in Mexico, with the object of bringing about a pacification of the country. 
These efforts, however, have thus far failed of the desired end — both parties 
declining the proferred intervention and meditation, because neither are willing 
to compromise the great principles at issue in the pending civil war. 

The liberals, who had taken up arms in defence of the right of the people to 
govern themselves, and to live under a constitution that guarantees political 
equality to every citizen of the republic, were unwilling to confide the adjust- 
ment of these sacred rights to a foreign intervention and mediation. On the 
other hand, the conservatives were unwilling to surrender their organization, or 
to subject the government of General Miramon to any foreign intervention that 
did not guarantee to them the ascendency and triumph of principles which are 

H. Ex. Doc. 100 2 



18 THE PEESENT CONDITION OF MEXICO. 

in direct antagonism with the equality of the citizen and the form of a republi- 
can government. 

At a later period the governments of France and Spain have both, with more 
or less formality, renewed the efforts which Great Britain originally made, and 
the same obstacles which rendered the efforts of Great Britain unavailing have 
attended these subsequent efforts. 

I am, therefore, instructed to inform you that all these matters have been 
fully and duly considered by the government of the United States, and that the 
policy heretofore adopted by the liberals in their intercourse with EurojDcan 
powers, in relation to these negotiations for peace, has been approved and 
adopted by it, and that it has determined to resist any forcible attempt to impose 
a particular adjustment of the existing conflict against the will and sanction of 
the people of Mexico, and, also, any forcible intervention, by any power, which 
looks to the control of the political destiny thereof. 

This determination on the part of the government of the United States has 
already been explicitly, though respectfully, declared to all the powers of Europe. 

The government of the United States does not deny to the European powers 
the right to wage honorable warfare for a sufficient cause, anywhere, or against any 
nation; nor does it deny their right to demand redress for injuries inflicted on their 
respective subjects, and, if need be, to enforce such demands ; but it does deny 
them the right to interfere, directly ox indircctlii, with the political independence 
of the republic of Mexico, and it will, to the extent of it.-^ power, defend the 
nationality and independence of said republic. 

This settled policy of the government of the United States, I believe, is well 
understood by all the representatives of European powers in Mexico. It is also 
fully understood and appreciated by the constitutional government at Vera. 
Cruz; and, xmder my instructions, it becomes my duty to cause it to be well 
understood by all those who, from their public character and the circumstances 
that characterize the political condition of the republic, are charged with the 
responsibilities of political power and authority, in order that said policy may 
neither be misunderstood nor misrepresented to the prejudice of either Mexico 
or of the United States. 

I am further instructed to state, in the most explicit manner, that the govern- 
ment of the United States earnestly desires the pacification of Mexico, and that 
it will recognize and support any government that is adopted and accepted by 
the free choice of the people thereof, and that it will always encourage the 
friendly efforts of any foi-eign power that have for its objects such a result — 
notwithstanding its resolution to abstain from all direct jiar tic ipati on in any such 
mediation, and its adherence to the relations already established between it and 
the constitutional go\'ernment of the republic. 

Having complied with the spirit of my instructions from the minister of the 
United States, I have, in conclusion, to request your acceptance of my con- 
sideration and respect. 

HENRY ROY DE LA REINTRIE, 
Special Agent United States Lcgatimi in Mexico. 

This communication was sent to all the representatives of foreign powers in 
Mexico, to wit: Mr. Dubois de Saligny, France; Mr. J. F. ]*acheco, Spain; 
Mr. George B. Matliew, England; Mr. E. de Wagner, Prussia; Mr. C'lementir, 
Nuncio of the Holy See; Mr. F. N. del Barrio, Guatemala; F. de P. ]*astor, 
Ecuador. 

H. R. DE LA REINTRIE. 



THE PRESENT CONDITION OF MEXICO. 19 

Mr. Seivard to Mr. Coricin. 

No. 16.] Department of State, 

WasJiington, August 24, 1861, 

Sir : In your despatch of the 29th ultimo, numbered 3, you call my attention 
to a circular from Henry Eoy de la Reintre, under date of December 20, 1860, 
to all the representatives of foreign powers in Mexico, Avhich purports to have 
been written by direction of your predecessor, Mr. McLane, and you desire to 
know whether this government concurs in the views and principles therein set 
forth. 

To answer this question broadly in the affirmative would be to commit it to 
opinions expressed by the writer of that paper concerning the merits of domestic 
political parties in Mexico, in transactions which, since that paper was written, 
have been fully completed and ended. 

Again, although I am very sure that this government cherishes the actual 
independence of Mexico as a cardinal object to the exclusion of all foreign po- 
litical intervention, and is willing to take decided measures favoring that inde- 
pendence, as is seen in another despatch to you of this date, yet the present 
moment does not seem to me an opportune one for f(n-mal reassurance of the 
policy of the government to foreign nations. Prudence requires that, in order 
to surmount the evils of foction at home, we should not unnecessarily provoke 
debates with foreign countries, but rather repair, as speedily as possible, the 
prestige which those evils have impaired. 

Perhaps it will be sufficient for me to say that it is our wish and our pur- 
pose, so far as our action may bear upon the question, that the people of ilexico 
shall, in every case, be exclusive arbiters of their own political fortunes, and 
remain free and independent of all foreign intervention and control whatever. 
I hardly know how it can be necessary for the government of the United States 
to say this in view of the policy and principles set forth in the instructions under 
which your mission to Mexico was begun. 

The postal convention made in this city, on the 31st July, having been ratified 
by the Senate of the United States, now awaits ratification by the government 
of Mexico. I send you a copy for your information. 
I am, sir, your obedient servant. 



Thomas Corwin, Esq., Sfc., S^c, S^. 



WILLIAM H. SEWARD. 



Mr. Corwin to Mr. Seward, 

[Extracts] 

No. 4.] Legation of the United States of America, 

Mexico, August 28, 1861. 
Sir: 

Your instructions touching Lower California, alluded to in your despatch No. 
11, have not been received here. If not destroyed on their way I may hope to 
get them either by the Spanish steamer Union, which passes from Havana to 
Vera Cruz once a month, the mail from which is due here to-night, or by the 
British steamer which comes from Havana to Vera Cruz every month, whose 
mail will be due here the 30th instant. 

Nothing has occurred here to change the relations between Mexico and the 
United States since my last despatch. The liberal government still maintains 
its power, though its dominion is disputed by armed bands of reactionary troops 



20 THE PRESENT CONDITION OF MEXICO. 

in diifercnt parts of I lie republic. The pursuit of tliese robber bands in various 
directions? compel? the government to keep up a considerable military force, the 
expense of which has drained the last dollar from the treasury, and the govern- 
ment has often been compelled to borroAv from individuals svmis varying from 
S30,000 to 8100,000, at enormous rates, for the purpose of moving a battalion or 
one or two regiments against the roving bands of the reactionary party. Many 
plans have been suggested by the friends of the government, and one or two 
by the department of foreign affairs, in conversation, for present relief of a 
pecuniary nature. None of ihese, how^ever, were of a character which I deemed 
practicable, and therefore I have as yet presented to the government no propo- 
sition for a treaty which has for its basis the payment of money to Mexico by 
the United States. I have no doubt that any treaty which would give the 
present government from five to ten millions of dollars in monthly instalments 
of, say, a quarter of a million, would enable it to crush the last hope of the 
church party as w-ell as to restore comparative safety from robber bands who 
infest the roads and rob travellers in all directions. Such a sixm would also 
enable the government to arrange the foreign debt, the non-payment of the 
interest on which has caused the English and French ministers to discontinue 
diplomatic relations, till further orders, with Mexico, and which at present 
threatens to end in foreign intervention, which was alluded to in my despatch 
No. 3, inider date of July 29, 1861. I am extremely anxious to obtain the 
views of the department on the subject proposed in that despatch, and hope to 
receive them by the mails of to-morrow or next day. 

Mr. Pickett, commissioner from what he denominates " the Confederate 
States," is still here. He and three southern persons, sojourning in this city, 
■were engaged last night in rejoicing over the victory at Bull Run and Manassas 
Gap. The sketch of that battle in the New York Herald of the 23d of July 
reached here yesterday. The paper came here from Havana by private con- 
veyance. Mr. Pickett has learned that Mexico had granted the United States 
the privilege of marching troops through Mexican territory to Arizona. He has 
informed the government here that this w'ill be considered as offensive to tin; 
"Confederate States," as New Mexico had placed herself under the protection 
of those States. He has said in private conversation that "if this decree is not 
anmilled Mexico will lose the State of Tama'ulipas in sixty days'' 

By looking on any map of Mexico it Avill be seen that Tamaulipas, Nuevo 
Leon, Coahuila, Chihuahua, and Sonora, all adjoin Texas or New Mexico. 
Tamaulipas is easily approached by her port, Tampico, on the JMexican gulf, 
and also by land from Texas. All the others of these States can be reached by 
laud from Texas or New INEexico. Guaymas is the great port on the Gulf of 
California from and to which shipments are made for the States of Sonora and 
Chihuahua, and also to our tei'ritory of New ^Mexico, including Arizona. It is, 
therefore, reasonable enough to conclude that United States troops from Cali- 
fornia could be landed at Guaymas in seven days by steamers, and with a safe 
passage through Sonora could confront any rebel force operating in Arizona or 
New Mexico proper, and also be in a position to act against any fillibustering 
enemy which might attack any of the Mexican States bordering on Texas. It 
is no doubt the design of the "Southern Confederation," whenever it can, to 
seize all of these States, indeed, to possess itself of the entire Terra Caliente 
of Mexico, that being well adapted to slave labor. If Mexico shoidd be attacked 
under the pretence that she had justly oflVnded the Confi'derate States, by the 
grant of passage through Sonoi'a, e\ery obligation of honor would seem to re- 
quire that our troops should be ready to enfurce our laws against fillibustering 
expeditions from our territories against the territories of a nation with whom 
we are at peace. Such troops would at the same time be efficient to restore 
our lawful dominion in Texa.*' and New Mexico. Upper California, Oregon, and 
Washington Territory could furnish a respectable force for all these purposes. 



THE PRESENT CONDITION OF MEXICO. 21 

which could be conveyocl by water to (jruaymas, and from thence by land, over 
good roadtf, to their proper points of operation. 

The States bordering on Texan and our New Mexican frontiers are very 
Aveak in population and wealth, and could be conquered by a comparatively 
small force. 

Tamaulipas has only one hundred and eight thousand of all ages, races, and 
sexes. 

The entire population of the five Mexican States above named is stated in 
the most reliable census to be six hundred and twenty-eight thousand, of all 
ages, sexes, and races, covering an area of sixty-seven thousand five hundred 
and sixty-three square miles. I am informed that recent discoveries of mineral 
wealth in Souora and Cliihuahua have invited large bodies of men from Cali- 
fornia to those two States. It is suspected that they are of a class easily in- 
duced to unite with the southern rebels in an attack on these and their neigh- 
boring Mexican States, as well as to promote southern pretensions in New Mexico 
and Texas. I suggest whether a prudent forecast Avould not invite our govern- 
ment to raise in California and Oregon a force which should pass, from Guaymas 
through Sonora, to our possessions in New Mexico and Arizona, for the purposes 
suggested above. 

A contract has been concluded here with the government for carrying the 
mail from Nev,-" York city to Vera Cruz, via Havana, twice a month, and so 
twice a month from Vera Cruz to New York ; a subsidy of fifty thousand dollars 
per annum is given for the service. This subsidy is quite >mall, but if a subsidy 
from our government, in proportion to its interest in the line, compared with 
that of this government, is granted, we may hope the enterprize will go into 
immediate operation. If this, however, should fiiil, another expedient might be 
adopted. I understand boats run regularly from New York to Havana three 
times a month. If the government could put a despatch boat on the line be- 
tween Havana and Vera Cruz to meet the boats from New York at Havana, 
this Avould give us a mail three times a month. This boat, if armed, might 
supersede the necessity of keeping an armed ship at Vera Cruz, and render 
valuable service in the protection of our commerce in the Gulf, Something 
should be done to render the commerce between the United States and this 
country certain and more frequent. My latest despatch from the department is 
dated 24th June, 1861, and latest reliable news is dated the 11th July. It is 
now within three days of the 1st of September. The mail from Washington, 
if sent by steam to Vera Cruz, could easily reach this city in thirteen days. 

I have this day concluded a postal treaty with 3Ir. Lerdo, the minister ap- 
pointed ad hoc, Avhich will be submitted to the State Department to-morrow. 
1 have no doubt it will be approved by that department and sent to congress 
for ratification at its second meeting, which is to open next Monday. I hope to 
conclude with the same minister an extradition treaty, which can be ratified 
during the coming month. 

I have heretofore urged the necessity of having consuls on the Gulf, especially 
at Vera Cruz, the most important, whose fidelity and ability should be beyond 
even suspicion. The vice-consul at Vera Cruz has served many years there in 
that capacity, under Mr. Pickett. Mr. Pickett is now here, the agent of the 
"Confederate States." I know nothing against Mr. Rieken. I am sure some 
strange accident has happened that important despatch to which you allude in 
your despatch No. 11. 

Why is not Mr. Dunuell at his post ? That at Vera Cruz is one of the most 

important consulates, ;Wi; now, in our service. 

* *"# * * * * * # 

Very respectfully, &c., 
Hon. W. H. Seward, THOMAS OORWIN. 

Secretary of State, Washington. 



22 THE PRESENT CONDITION OF MEXICO. 



M?\ Seward to Mi: Corwin. 

No. 17.] DepartiMEiNT of State, 

WasJmigton, Scptemher 2, 1861. . 

Sir : Your despatch of the 29th July last, numbered 3, has just noAV been 
received. Tlie account of Mexican complications which it gives is painfully 
interesting. The President greatly desires that the political statns of Mexico 
as an independent nation shall be permanently maintained. The events you 
communicate alann him upon this point ; and he conceives that the people of the 
United States would scarcely justify him were he to make no efi'ort for prevent- 
ing so great a calamity on this continent as Avould be the extinction of that 
republic. He has therefore determined to authorize and empower you, and you 
are hereby authorized and empoAvered, to negotiate a treaty with the republic 
of Mexico for the assumption by the government of the United States of the 
payment of the interest, at three per cent., upon the funded debt of that country 
due to Mexican bondholders, the princijjal of Avhich is understood to be about 
sixty-two millions of dollars, for the term of five years from the date of the 
decree recently issued by the government of Mexico suspending such payment, 
provided that that government will pledge to the United States its faith for the 
reimbursement of the money so to be paid, with six per cent, interest thereon, 
to be secured by a specific lien upon all the public lands and mineral rights in 
the several Mexican States of Lower California, Chihuahua, Sonora, and Sinaloa, 
the property so pledged to become absolute in the United States at the expira- 
tion of the term of six years from the time when the treaty shall go into cft'ect, 
if such reimbursement shall not have been made before that time. This course 
is rendered necessary by circmnstances as new as they are eventful, while the 
Mexican crisis seems to admit of no delay. The President therefore accepts 
the responsibility, and will submit his action in the premises to the consideration 
of the Senate of the United States, so soon as that body shall be convened, for 
the constitutional sanction, Avithout Avhich the treaty when made Avould be of no 
efiect. 

It must be understood, hoAvever, that these instructions are conditional upon 
the attainment of consent on the part of the British and French goA'ernments to 
forbear from resort to action against Mexico on account of her failure or refusal 
to pay the interest in question until after the treaty shall have been submitted 
to the Senate, and, if ratified, then so long thereafter as the interest shall be 
punctually paid by the government of the United States. I shall immediately 
instruct our ministers in London and Paris to apply to the British and French 
goA'ernments for their consent to the terms thus indicated. You aa-III sec at once 
the importance of lu-ging the ]\Iexican government to give its best eftbrts to the 
support of these applications. 

I am to be understood, moreover, as giving you not specific but general in- 
structions, to be modified as to sums, terms, securities, and other points, as you 
may find necessary, suliject to approval Avhen made knoAvn to me. 

Other matters discussed in your despatch Avill be treated of in distinct papers 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWAED. 

Thomas Corwin, Esq., 8fc., ^r., Sfc. 



THE PRESENT CONDITION OF MEXICO. 23 



Mr. Corwin to Mr. Seward. 

No. 5.\ Legation of the United States of America, 

Mexico, September 7, 1861. 

Sir : I have this moment received your despatch, No. 13, dated 30th July, 
1861, coverhig an extract from Mr. Dayton's despatch, dated at Paris, July 11, 
1861. 

I have heretofore informed the department that Mr. Pickett, formerly consul 
at Vei-a Cruz, was here in the character of commissioner from the "Confederate 
States." Mr. Cripps, formerly secretary of legation under General Gadsden, is 
also here, and has resided here ever since General Gadsden's departure from 
Mexico. The latter gentleman is not engaged in the business of Mr. Pickett in 
any other character than that of a friend of the south. 

Mr. Pickett has learned that Mexico has allowed our troops to pass from 
Guaymas to Arizona, and has (unofficially of course) advised the government 
here that this grant to our government will be looked upon as an unfriendly act 
towards the south. He alleges that Arizona and New Mexico have placed 
themselves under the protection of the southern States, and that an invasion of 
the northern frontier of Mexico by the southern forces will probably be the re- 
sult, lie states to his acquaintances here that Colonel Van Dorn, of Texas, is 
moving towards El Paso with a large force, intended to occupy New Mexico 
and Arizona, and that if United States troops should advance through Sonora 
to Arizona war will probably ensue between Mexico and the Confederate States. 
I mentioned this in my last despatch. No. 4, and gave fully all the information 
I had on the subject. Nothing has occurred since to change the opinions then 
expressed. I beg the particular attention of the government to that portion of 
my despatch No. 4. 

The threatened intervention in Mexican affairs by France and England, to 
which I have so often called the attention of the department, seems now to be quite 
certain to occur. The main pretext urged for this intervention is, the non-pay- 
ment of money due the English and French governments, respectively, and to 
their citizens. I have stated in my former despatches that from five to ten 
millions of dollars would enable the government here to take away this pre- 
text, and at once relieve them from the threatened guardianship of England and 
France. I am satisfied that our government Avould be greatly benefited (not 
only in reference to the present contest with the southern rebellion, but its per- 
manent advantage in all time to come promoted) by advancing this sum to 
Mexico at once. It would enable the latter to look southern invasion in the 
face without fear, and it would bind her to the north by ties never to be broken. 
I expect, in a day or two, to receive from the minister of foreign relations some 
propositions which will offer an equivalent on the part of Mexico for the 
money they so much need. They would gladly reduce their tariff on American 
goods Jifty fer cent, below the charges on other foreign merchandise, say, for 
five or ten years, if this would be accepted. I have supposed such an an-angement 
would be rejected by our government on the same grounds Avhich prevented the 
ratification of the treaty negotiated by Mr. McLane two years ago. There are 
other objections to this plan. 

First. It might be considered by the English and French governments as 
giving an invidious preference to American trade, and be used as an additional 
reason for intervention here, and it would probably not be considered as show- 
ing the most friendly dispositions, on our part, towards England and France, 
with both of whom I consider it expedient, at this time, to preserve the most 
cordial relations. 

. Secondly. Mexico is bound by treaty to trade with both these powers on the 
same terms as those extended to "the most favored nations." If, therefore, 



24 THE PEESENT CONDITION OF MEXICO. 

England or France, or either, should propose to Mexico a like equivalent, in 
proportion to their commerce with this countiy , she would be compelled to grant 
the same reduction of 50 per cent, on her present tariff to them, and then no 
advantage could accrue to us in this trade, and we should pay the money pro- 
posed without realizing an equivalent for it. This objection might be overcome 
by making the payments annual, and providing that payment should cease 
whenever England or France should obtain the same advantage by treaty with 
Mexico. 

I wish to be wformcd and instructed ivliether the United States ivould agree 
to fay, in money, to this country, at this time, any sum — say. Jive or six to ten 
■millions of dollars — on receiving for it stipulations of any kind from Mexico. 

The present government, so far from being in danger of failing at this time 
is, in my judgment, stronger than at any former period of its existence. But 
this remark would not be true if European intervention should take place. The 
effect of such intervention, in my judgment, Avould be either to overthrow the 
constitulional government and substitute another, which woidd be merely the 
instrument of the intervening powers, or it might result in a dissolution of the 
union — each State, or combination of two or three separate States, setting up for 
themselves. This latter result Avould be probable in case intervention should 
only extend to the occupation of the maritime frontier and possession of the 
custom-houses. Either result would bring upon us consequences highly preju- 
dicial. European influences, once inaugurated here, would encourage and cor- 
roborate the hopes of the southern rebels, and would aid them in procuring their 
recognition by European powers. It would so weaken Mexico that a very 
inconsiderable southern force could conquer in a very short time four or five 
Mexican States. For the reasons for this opinion I refer to mv last despatch. 
No. 4. 

These views, derived from a careful study of Mexican affairs, have ripened 
into convictions in my mind, and hence my extreme anxiety to fui'nish the pecu- 
niary aid to Mexico, to which I have so often called attention, as this aid would, 
in my judgment, at once remove all possibility of the evils which, without such 
aid, must come upon Mexico soon, and, as incidents, must so seriously affect the 
United States. 

Very respectfully, 

THOMAS CORWIX. 

P. S. — I only learned an hour ago that a courier, hired by merchants, would 
leave at 4 p. m. to-day. I judged it advisable to try this mode of communi- 
cating with Washington, as I despair of any regular conveyance between 
Mexico and the United States. 

T- C. 
Hon. AViLLiAM H. Seward, 

Secretary of State of the United States. 



Mr. Seward to Mr. Corwin. 



No. 21. J Departmk.nt of State, 

Washington, Scjjtembcr 23, 1861. 

Sir : I send you a copy of an extract of a communication from the Mexican 

minister in Paris to Mr. Romero, Mexican charge d'affaires at this capital, which 

has been presented to me by the latter gentleman. Sympathizing with him and 

with the Mexican republic in the present emergency, I earnestly invoke your 



THE PRESENT CONDITION OF MEXICO. 25 

assiduous promotion of the negotiation for an assumption of the interest on 
Mexican bonds, committed to your care by my recent instructions. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Thomas Corwi.m, Esq., Sfc, Sfc, Sfv. 



[Translation. — Extract.] 



No. 44.] Legation of Mexico, 

Paris, ficpternher 4, 1S61. 

Unhappily, I yesterday saw realized the apprehensions which I mentioned 
to you in my note No. 41, of the date of 31st of August last past. The mea- 
sures adopted by the governments of France and England, in consequence of 
the law approved on the 17th July, are openly hostile towards us, and I think 
you will be informed about them by the time when this despatch will reach 
your hands. 

You already know, by my note referred to, that I could not obtain the audi- 
ence which I had asked from the minister here for the 21st August, and that 
he fixed it for yesterday, (Tuesday,) 3d September. I began by saying that 
I had received from my government special charge and direction to give to that 
of his Majesty the most ample explanations upon matters which concerned sub- 
jects of France, under the new law, by virtue of which the suspension of pay- 
ment of the national debt was ordered. Mr. de Thouvenel interrupted me, 
saying that personally he had no cause to be discontented with me ; but he 
could not listen to such explanations. " We will not receive any," he added, 
giving way to the greatest excitement; "we have entirely approved the conduct 
of Mr. de Saligny ; we have given our orders, in concert with England, that a 
squadr(5n composed of ships of both nations demand from the 3Iexican govern- 
ment the satisfaction due, and your government will know through oixr minister 
and our admiral what are the demands of France. I have nothing against you," 
he repeated, "and I wish that events allowed me to address you in more friendly 
terms." "But it is much to be regretted," said I, in turn, "that such a reply 
should be given to an application so proper and simple as that which I have 
just made in the name of my government. But equitable as that may be, after 
the language you have addressed to me I should not for a moment urge you to 
listen to me, nor is there any motive for prolonging this conversation ;" and I 
cut it short, withdraAviug without delay. 

******* 

I reiterate to you the assurances of my most distinguished consideration. 

JUAN ANTONIO DE LA FUENTE. 
The Minister for Foreign Relations, Mexico. 



Mr. Corwin to Mr. Seward. 

[Extract.] 

No. 6.] Legation of the United States, 

Citij of Mexico, September 29, 1861. 
Sir : As the mail by the British steamer for this month has not yet arrived, I 
have nothing to communicate further on the subjects pertaining to my duties, 
here than is to be found in my previous despatches. 



26 THE PRESENT CONDITION OF MEXICO. 

The reasons for furnishing pecuniary assistance to this country still remain, 
and are rather strengthened by the expected forcible interyention of both Eng- 
land and France, Avhich seems to be likely to occur now yery soon. 

All apology for this interyention would be taken away by an arrangement 
such as I have already repeatedly suggested. 

I haye as yet received no instructions from the department on this subject, 
and am, therefore, left only to conjecture as to the views and wishes of the gov- 
ernment of the United States on this point. The subject, in my opinion, is one 
of deep interest to the United States in its present and remote bearing upon the 
future of the American continent. 

Hon. Wm. H. Sew,\rd, 

Sec7-ctary of State, Washington. 



[^Exhibit A, accompanying despatch No. G ] 

Unofficial.] Legation of the United States of America, 

Mexico, Sejytemher 4, 1861. 
Sir: Several citizens of the United States during the last week addressed me 
•a note requesting my opinion as to the legality of a tax recently levied by the 
President on the inhabitants of the federal district. After consideration care- 
fully given to the subject, I have given them an answer, a copy of which is 
herewith enclosed. I was compelled to the conclusions contained in this paper. 
I earnestly desired to find the government in the right j but after much reflection 
I was obliged to differ from it in this instance. 
I renew the assurances of my esteem. 

THOMAS COEWIX. 
His Excellency Senor Manuel Ma. de Zamacona, 

Minister of Foreign Relatiofis. 



[Exhibit A 2, accompanying despatch No. 6] 

Legation of the United States of A.mehica, 

Mexico, Avgust 30, 1861. 

Gentlemen : I received your note of the 26th instant on the 27th, asking 
my opinion as to the legality of a tax of one per cent, on the property of all 
persons residing in the federal tlistrict, where the property of such persons 
amounts to a sum exceeding two thousand dollars. As the mail for the United 
States was to leave this city on the 29th, I found myself, from the time I re- 
ceived your note until yesterday at two o'clock in the afternoon, occupied 
incessantly with other indispensable duties. You Avill accept this as my apology 
for delaying an answer to your request till now. 

The only question whicli 1 think it is useful to consider, wIhmi determining 
the duty to pay this tax, may be stated thus: "Is the tax in question imposed 
by that power to which the constitution and laws of Mexico have given the right 
to levy taxes?" If this question, by a fair and liberal construction of the 
constitution, caw be answered affirmatively, then it is a lawful tax, and in my 
judgment should be paid, unless other objections, which in this instance do not 
occur to my mind, should forbid its payment. 

The powers and duties of the present government of Mexico are (liappily in 



THE PEESENT CONDITION OF MEXICO. 27 

my judgment) defined and limited by a written constitution. Every functionary 
of this government, whether executive, legislative, or judicial, before he enters 
upon the duties of his office, binds himself, by a solemn oath, to maintain and 
support the constitution. In other words, he swears that he will exert the 
powers and discharge the duties of his office in confoiinity with those rules 
which are laid down in and by the constitution. 

In the 50th article of the constitution now in force, it is declared that " the 
supreme power of the federation is divided, for its exercise, into legislative, 
executive, and judicial. Two or more of these powers can never be united in 
the same person, nor the legislative power be deposited in one individual." ' 

It will be seen that the vanous functions necessary to carry on this govern- 
ment are divided into three separate departments. It is expressly declared 
that the powers of no two of these departments shall ever be united in the 
same person. Article 72, section 7, defines the powers and duties ■svhich are 
imposed upon congress, or the legislative department, as to taxes. It declares 
that " congress has tlie power of approving the federal estimates of expendi- 
tures, which shall be annually presented by the executive, and of imposing 
the taxes necessary therefor." 

The power to levy taxes upon the people is here (in language which admits 
of no ei|uivocation in its tenns) given expressly to congress. No clause in the 
constitution gives congress the poAver to transfer this duty to any other person 
or to any other department of the government. It is a discretion very liable to 
abuse, and, when abused, attended Avith consequences fatal to the rights as well 
as prosperity of the people. It is therefore a poAver which, in all governments, 
free in form and design, is Avisely lodged only in the hands of those who directly 
represent the people, and who, more than any other department of the govern- 
ment, are responsible to the people. 

Wherever the legislative poAver is elected by the people, the taxing poAver is 
giA'en to that department. The present constitution of Mexico, as Ave have 
seen, has embodied these principles. In this respect it is in harmony Avith all 
modern systems of goA'ernment, Avhere Avritten constitutions preA-ail on this con- 
tinent. This trust cannot be delegated to any one, unless such poAver is given 
in express terms, Avhich poAver, as avc knoAv, is noAvhere to be found in the con- 
stitution. 

But another question may arise. Has congress, by any laAv, either intended 
or pretended to transfer this poAver 1 It may be said, and no doubt the presi- 
dent supposed and belieA'ed, that this poAver Avas delegated by congress to him. 
I have endeavored to bring my mind, if possible, to agree Avith this opinion, for 
I did wish, in the present condition of this republic, to aid rather than oppose 
the gOA^ernment in raising money to enable it to crush anarchy and restore 
peace, security, and order. But I am compelled to come to a different conclu- 
sion by reasons Avhich appear to me unanswerable. 

First. The law AA'hence this poAver is said to be derived does not give the 
poAver Avhen its language is projjcrly construed, whateA'er may liaA'e been the 
unexpressed intentions of those avIio enacted it. The laAv in question was 
enacted on the 4tli day of June, 1861. It reads in these Avords : " The gov- 
ernment is empoAvered to raise funds in whatever Avay it may deem proper for 
the purpose of destroying the reaction." 

The Avisest judges, Avhen acting upon subjects like this, have adopted a canon 
of construction Avliich requires that if you can give effect to a laAv, under a con- 
stitution, you shall (if its Avords will admit of it) so construe it as not to make 
it violate the constitution. The laAV in question authorizes and requires the 
president to raise money in any Avay he ?«o?/ or can, to crush the reaccionarios. 
Can the president raise money, by virtue of his executiA^e power, in other ways 
than by taxation 1 Undoubtedly he can. By the 72d article, section 8, in the 
constitution, he can, as president, raise money by loans. Said section declares 



28 THE PRESENT CONDITION OF MEXICO. 

that conocress lias the power " of giving the basis upon which the executive 
may procure loans on the faith of the national credit, and of approving said 
loans, and of recognizing and ordering the payment of the national debt." 

In conformity to the rule above stated, Ave must presume that congress did 
intend to authorize the president to loan money; for this they might do, and yet 
not violate the constitution ; and that they did not intend, and have not given 
the power to tax ; for this they could not do, as the constitution expressly forbids 
it. The law must be so construed as to make congress intend to give the 
president only such power as by the constitution they could give. The power 
to loan money they could give. The power to tax they could not give. The 
words "to raise money in any way he may or can," only mean "in any Avay he, 
as president, constitutionally can." 

Second. But if we admit (which I do not) that the words of the law do give, 
in express terms, the power to tax, then I reply that such a law is totally void, 
as it is clear that congress has no power to give such authority. The consti- 
tution gives the taxing poAver to congress. It therefore denies such power to 
the executive. It is expressly declared that the poAvers of no tAvo of the three 
departments — that is, the executive, legislative, and judicial — shall CA^er be united 
in any one. If the President is alloA\-ed to exert the taxing poAver, that being 
by the constitution a poAver given to the legislative only, then it folloAvs that 
legislatiA"e and executive poAvers are united in one, Avhich, as Ave haA'e seen, is 
expressly forbidden by the constitution, in plain terms. The imposition of this 
tax is, in my judgment, a void and nugatory act, and therefore no person, cither 
Mexican citizen or foreigner, is bound by Icno to pay it. 

I may here add that, in my opinion, every American citizen resident in Mex- 
ico, is bound to pay every tax Avhich any Mexican citizen is bound to pay. 

The laAv of nations permits every independent government to legislate touching 
the property of foreigners as Avell as citizens Avithin its territorial limits. One 
of the most accurate and learned treatises, in modern times, on national hiAv, has 
thus defined this poAver : " Every independent State is entitled to the exclusive 
poAver of legislation in respect to the personal rights and civil state and con- 
dition of its citizens, and in respect to all real and i^ersonal property situated 
loitliin its territory, whether helonging to citizens or aliens.'''' — (See Wheaton's 
International LaAv, page 112, part 2, cTiapter 2, section 1.) 

The legislative poAA^er here given over the property of foreigners has ahvays 
been considered as including the poAver to tax the property of foreigners. It 
has been the constant practice of the United States government, as Avell as the 
governments of the separate States, to tax the property of foreigners just as 
they tax the property of citizens. This poAver may, hoAvever, be limited by 
treaty. The only treaty stipulation on this subject betAveen the United States 
and j\Iexico is to be found in the 9th article of the treaty of 1831, Avhich is 
noAv in full force, that treaty having been revived by the treaty of 1848. That 
article reads as folloAvs : "The citizens of both countries, respectively, shall be 
exempt from compulsory service in the army or navy ; nor shall they be sub- 
jected to any other charges, or contributions, or taxes than such as are paid by 
the citizens of the States in Avhich they reside." 

This treaty, in my judgment, obliges citizens of Mexico, resident in the 
United States, to pay in the United States " all charges, or contributions, or 
taxes" Avhich are i>ai(l there by the citizens of the United States, and as clcarly 
binds all citizens of tlu^ United States, resident in ^lexico, to pay all "charges, 
or contributions, or taxes" Avliich arc paid here by the citizens of Mexico. If, 
therefore, a Mexican citizen is bound by laAv t(t pay this tax, then, by the 
treaty of 1831, the American citizen, resident here, is bound to pay it also. 

The treaty makes no distinction belAveen ordinary alul extraordinary taxes — 
betAveen local or general taxes. I have no doubt, that at this moment taxes 
that may well be termed " extraordinary" are levied, both by the federal and 



THE PRESP:NT condition of MEXICO. 29 

State governments, in the United States?, which operate alike upon the property 
of the citizens of the United States and Mexicans resident there. Bnt it is not 
now necessary to consider this point, as, according to tlie foregoing reasoning, 
neither Mexican citizens nor foreigners can be lawfidly required to pay tins tax. 
I Avish here to add, that it is with great reluctance that I am compelled to 
differ from the Mexican authorities in a point of so much delicacy and import- 
ance. I have no doubt but the government has been actuated by the most 
patriotic motives. Still, I cannot but hope that, in a moment free from the 
violent excitements which prevail here, and under the influence of which this 
act has been done, its unbiased judgment will be brought to concur in the 
general reasons on which I have founded the opinion here expressed. 
I am, gentlemen, your obedient servant. 



THOMAS CORWIN. 



Messrs. Bennett, Lara, and others. 



[Translation.] 

National Palace. Scj)te7nher 5, 1861. 

The undersigned has had the honor to receive the note which his excellency 
the minister of the United States has pleased to send to him, together with a 
copy of a communication addressed by him to some of his countrymen, resident 
in Mexico, in relation to the impost decreed on the 27th August last past. The 
undersigned intends to submit this note, and the document which accompanies 
it, to the president of the republic, and meantime may communicate to the 
minister of the United States the conclusions of the chief magistrate of the 
nation. He has the honor to express to him his satisfaction with the frank and 
impartial spirit Avhich manifests itself in the said note, which the undersigned 
appreciates, notwithstanding the difference there may be between the opinions 
of his excellency the minister of the United States, and those which the govern- 
ment maintains as to the legality of the impost decreed on the 27th of August. 

The undersigned does himself honor in repeating to Mr. Corwin the assur- 
ances of his consideration. 

MANUEL MA. DE ZAMACONA. 

His Excellency Thomas Corwin, 

Minister Plenipotentiary of the United States. 



Mr. Setvard to Mr. Co/ win. 



No. 23.] Department of State, 

Washington, October 2, 1861. 

Sir : Your despatch of September 7 (No. 5) has been received. 

The attention of this government has been already arrested by the threats of 
the insurgents of this country to invade the northern frontier of Mexico ; but 
at present it seems wisest to oppose to them the necessary resistance nearer 
home. 

You ask, with marked earnestness, whether the United States would agree to 
pay in money to Mexico at this time any sum, say from iive millions to ten 
millions of dollars, on receiving for it any kind of stipulation that the republic 
of Mexico might offer 1 

I feel myself authorized to assure you that the President is as deeply sensible 
as you yourself confessedly are of the importance of maintaining the integrity 
and independence of Mexico. He is prepared to adopt the best practicable 



30 THE PRESENT CONDITION OF MEXICO. 

means to compass that end, so important to the welfare, perhaps to the- seenrity, 
of the United States and to the success of civilization in this comitry.. But it 
seems to him that a payment or advance to Mexico of such a sum as you sug- 
gest is at this time impossible, even if it Avould be wise, which is a question that 
I do not now propose to discuss. 

We are now necessarily paying out of the treasury near a million a day, ren- 
dered necessary for the organization, all of a sudden, of a great army and a 
considerable nav3^ We could not hope to satisfy the country that it would be 
expedient to send five or ten millions of money into Mexico until our own mili- 
tary and naval preparations shall have been perfected and we shall begin to see 
the insurrectionary movement distinctly recoil or subside. 

Again, the proposition to advance all at once to Mexico so large a sum of 
money, iinder the circumstances I have mentioned, would, Ave apprehend, en- 
counter serious opposition in the Senate of the United States, upon the groiuid 
not merely of the present inexpediency in regard to our own comitry, but also- 
on the further grouncl of probable improvidence on the part of the Mexican- 
government in applying the subsidy. 

You suggest, as oue of the means by which Mexico might indemnify the 
United States for any moneys to be advanced by them, an accommodation of 
the revenue tariff of Mexico, so as to favor our manufactures. 

I should not feel myself at liberty to discuss a proposition of that kind at 
this time. The Congness of the United States, and even the people themselves^, 
.are justly jealous of executive attempts to disturb or modify our revenue sys- 
tem at home or to enter into engagements Avith foreign countries which may 
have a bearing upon the export trade of our country. If it should be thought 
wise to institute negotiations of either kind, it Avould be best to ask the Senate 
for its advice in the first instance, and not to negotiate a ti-eaty first and after- 
wards ask the Senate for its ratification. 

I am constrained to say that your first proposition on this subject seems to- 
me the most feasible and expedient one, namely, that the United States shall, 
assume the payment of interest for Mexico for a term of years upon a pledge 
of sufficient Mexican mineral lands and territory. On this subject I see no 
reason to modify the instructions which I have already given. 

We hear indirectly and believe that Spain has proposed to enter into an 
arrangement with France and Great Britain for sending an armed expedition to 
Mexico. Acting upon public rumor, to this effect, we have asked the poAvcrs 
concerned to explain the objects of the contemplated expedition. 

Thus far, we have no reply, cither from Mexico or from Great Britain or from 
France, to our overtures for an assumption of the interest on Mexican bonds. 
Such replies, however, must soon be received. When they shall have come I 
shall be able to write to you more definitely, and I trust more satisfactorily, 
than I can Avrite now, when the complication of Mexican affairs is understood 
only on one side, and when we are acting upon conjecture as to the extent of 
hostilities meditated by the states which claim to have been injured by the gov- 
ernment of Mexico. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD- 

Thomas Corwin, Esq., S^r., ^c, S^r:. 



THE PRESENT CONDITION OF MEXICO. 31 



il'/r. Setvard to Mr. Cor win. 

[Confidential.] 

No. 28.] Department of State, 

Washwgton, October 21, 1861. 

Sir: I .send you a copy of a despatch just received from Mr. Schurz. You 
Avill see, without any effort at elucidation upon my part, the importance of his 
suggestion that the j\[exican people shall not he induced to become betrayers of 
their own independence. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Thomas Corwin, Esq., d^r., &{c., Sfc. 



Mr. Corwin to Mr. Seward. 



No. 7.] Legation of the Umteu States of America, 

Mexico, October 21, 1861. 

Sir: Your despatches Nos. 17, 18, and 19, under date of the 2d, 7th, and 
12th of September, were received on the 10th instant from Jlr. Otterbourg, the 
lately-appointed consul at this city. I find, on examination, that your despatches. 
Nos. 14, 15, and 16 have never reached me. They are doubtless in the hands 
of the "secessionists," or the robbers who infest the mail routes to this country 
on both sea and land. I shall be gratified could copies of these last despatches 
be forwarded immediately ; they may possibly escape the evil fortunes of the 
originals. Your despatch No. 8, dated June 3, was delivered to me on the 23d 
instant by Mr. George Ingraham, to Avhom the department had intrusted it. 
Mr. Ingraham's vessel was ninety days in making the voyage from Bangor, 
Maine, to Vera Cruz. 

I beg here to repeat the reasons which have induced me heretofore to urge 
the absolute necessity of having the consuls appointed by the present adminis- 
tration to Vera Cruz and Havana at their posts in person. The vice-consul at 
Havana served several years under Mr. Helm, who, I believe, is now a "seces- 
sionist." Mr. Riehen, vice-consul at Vera Cruz, served three or four years 
at that place under JMr. Pickett, who is now here, and who, I have reason to 
believe receives his letters from New Orleans and elsewhere through Mr. Riehen, 
who sends them from Vera Cruz to this place. Of this latter fact I cannot be 
certain, but I have strong reasons for suspecting its truth. Both these vice- 
consuls may be very faithful to the government, but the fasts relating to their 
former associations seem to me to constitute sufficient cause for the supervision 
of those who are known to be faithful, and whose duty it is in these critical 
times to be at the ports assigned them. It is possible the lost despatches, to 
which I have referred, may have fallen into treacherous hands. I alluded, in 
my last despatch, to the necessity of having a consul of high qualifications at 
Matamoras, on the Rio Grande. It is highly important that the government 
should be in possession of the earliest and most reliable information of the move- 
men' s of the rebels in that quarter. It is on that frontier that the first attack 
(if indeed any is ever made) will be made by the rebel forces upon Mexico^ 
Mr. Pickett throws out (as I leain) threats of such a movement soon to be made, 
and sometimes, as now in the couise of execution, as a measure of retaliation, 
upon Mexico for granting to the United States the privilege of marching troops 
from Guaymas to Arizona. He has actually proposed to recede to Mexico,. 



32 THE PRESENT CONDITION OF MEXICO. 

Upper California and Xew JNIexico, including Arizona, on condition of free trade 
between Mexico and the " Confederate Statec^." He has furnislied an opposi- 
tion member of congress here with a copy of bis letter to the Mexican secretary 
of State, Avho read it in secret session, as the grounds of a violent attack on the 
administration, bestowing great abuse upon President Juarez and his cabinet for 
rejecting both Mr. Pickett and his proposition. The opposition orator was merely 
laughed at, and not complimented even by a reply. This I learned from one 
Avho was present, and deeply interested in the subject. 

Mr. Pickett has very formally advised the government here that the Con- 
federate States cannot consent to the sale or hypothecation of the public lands of 
Mexico to any government not in amity with them. 

The object of these hiforvial communications is to prevent any treaty arrange- 
ment by Mexico with either the United States or England or France which 
would relieve Mexico from her embarrassments, and so insure a hostile inter- 
ference from abroad, which would so weaken the Mexican government as to 
render the northern states of Mexico an easy prey to filibusters acting in har- 
mony with the rebel troops. 

The motives of the secessionists, being thus clearly disclosed, present at once 
to both the United States government and that of Mexico the obvious policy of 
strengthening IMexico by an advance of money to her, to enable her to light the 
common enemy of both. The public lands of the entire Mexican rej)ublic, 

mortgaged to the United States, as proposed in your dispatch No. , will 

constitute a justifiable reason for our meeting the rebel forces on our own lands 
in Mexico, where we could unite the troops of both rejjublics against them, and 
thus draw off their military strength from Texas, so as to enable the Union 
party of that State and New Mexico to re-establish in both the legitimate gov- 
ernment of the United States. I mention these as incident;il advantages growing 
out of the proposed treaty, which may be worth consideration. 

In your last despatch I am instructed to enter into an arrangement to pay the 
interest on the foreign debt of this republic for five years. You estimate this 
debt at sixty -three millions of dollars. This sum is exactly the principal of the 
debt due to what are called " English bond-holders." In addition to this there 
is what is called the " English convention debt," five millions of dollars ; the 
" Spanish convention debt," eight millions of dollars ; and the " French conven- 
tion debt," the exact amount of which I do not know ; but it is small, and will 
be arranged Avithout difficulty, or be paid off out of other funds. 

The interest, therefore, on the foreign debt, which must be provided for, to 
avoid threatened hostility, is as follows : 

*' Bondholders' " claim 863, 000, 000 

At three per cent, per annum $1, 890, 000 

" English convention debt " 5, 000, 000 

At six per cent, per annum 300, 000 

" Spanish convention debt " 8, 000, 000 

At three per cent, per annum 240, ODD 

Total amount of interest on foreign debt 2, 430, 000 



In your instructions you say : " I am to be understood, moreover, as giving 
you not specific but general instructions, to be modified as to sums, terms, secu- 
rities, and other points, as you may find necessary — subj:'ct to approval by mo." 

The ]}ritish minister here, having been informed by Lord Lyons of the sub- 
stance of your instructions to me, immediately proposed that the duties on 
foreign merchandise, heretofore assigned to foreign creditors, should be collected 
and paid as agreed upon, and that an equivalent amount received from the 



THE PEESENT CONDITION OF MEXICO. 33 

United. States woitIcI place the government of Mexico beyond tlie necessity of 
suspending this agreement, Avhich suspension had compelled the British govern- 
ment to resort to forcible intervention. In a conference with the British minister 
and the Mexican authorities this plan was thought advisable, and, acting within 
the spirit of my instructions, I liave offered the following terms to Mexico, to 
which the Mexican cabinet has assented, 

I propose to loan to Mexico five millions of dollars for five years, at six per 
cent, per annum, to be paid in monthly payments of five hundred thousand dol- 
lars — the first payment to be made in one month after the ratification of the 
treaty by the United States — and to loan at the same rate for five years the sum 
of $2,000,000 each year for three years, making an aggregate of eleven millions 
of dollars ($11,000,000) in all; Mexico to file her bonds corresponding to the 
above payments before the receipt of the money. 

If the sum to be paid by the United States had been limited to interest at 3 
per cent, on .$63,000,000 — which was your estimate of the amount — for five years, 
the aggregate debt Avould have been nine millions four hundred and fifty thou- 
sand dollars, ($9,450,000,) secured by bonds pledging the public lands in Lower 
California, Chihuahua, Sonora, and Sinaloa. By the modification which I pro- 
pose, the aggregate debt will be eleven millions of dollars, secured by pledge of 
the public faith, and also the entire public lands of the republic, and all the 
national property formerly belonging to the church. The latter, though not 
exactly ascertained, is, at the lowest estimate, equal to one hundred millions, 
($100,000,000.) In the States of Pucbla and Mexico alone the amount not 
restored is known to be worth twenty-seven millions of dollars. This value 
consists, in the two States mentioned, in bonds and mortgages taken from 
purchasers who had bought the church property at a rate so very low that none 
will risk a forfeiture by non-payment, and all will be due in five years, the pay- 
ments being annual. It is agreed that a board of five persons shall be appointed, 
to sit in the city of Mexico — three to be appointed by the President of ]\Iexico, 
and two by the President of the United States — who shall have all the powers 
of the government to survey and sell the public lauds, and grant mineral rights, 
and to collect the amounts due on church property, and sell what is not disposed 
of, and keep the funds thus derived separate from the general treasury, and 
transmit them to the treasury of the United States, at the risk and expense of 
Mexico, as often as half a million shall be realized. By this arrangement, I have 
no doubt, the interest due on the proposed $11,000,000 will be punctually paid 
after the first year, and interest and principal fully paid in the five years. The 
amount to be paid Mexico by this plan is only increased $1,550,000, while the 
securities for payment are such as to render the United States govenmrent per- 
fectly secure, and in all probability we shall secure a large portion of the money 
from Mexico before we have paid it out to her, and be able to close the whole 
within five years. 

I know that the British minister has written to the foreign office in London, 
by this mail, that his arrangement, when ratified by congress, will be every 
thing the British government can ask. The French government will be satisfied 
by arrangements in progress here, and in any event the money to be paid by 
the United States will be in part pledged to the payment of the interest on the 
Spanish and French debts, which cannot exceed $150,000 per annum. I am 
fully satisfied that the amount proposed to be paid by the above plan is abso- 
lutely necessary to keep the present government on foot for the next three 
years, and, if any thing can, that will enable the Mexican republic to exist un- 
der some form of government limited by written constitution. Both the British 
and American treaties will be submitted to congress here in all of the next tAvo 
weeks for ratification. 

I hope you will approve my course. The absolute necessity for despatch 

H. Ex. Doc. 100 3 



34 THE PEESEXT COXDITIOX OF MEXICO. 

prevents me from sending yoti the proposed modifications before acting on tliem 
here ; hnt I have shown the minister of foreign relations mj instructions, and 
advised him that no oLhgation can be relied on by him till your approval and 
that of the Senate is obtained. 

I have already asked leave to visit home. If the proposed treaty is ratified 
here, nothing of importance can possibly demand my actual presence here for a 
month or two, and I therefore renew my request to visit my home and family. 
Very respectfully, 

THOMAS CORWIX. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C, U. S. of America, 



Mr. Seward to 3Ir. Coricin. 



Ko. 29.] Departmext of State, 

Washington, Novemher 11, 1S61. 

Sir: Your despatch of September 29, which bears no number, has been 
received. 

I notice with regret that important communications from me on the subject of 
Mexican relations with European nations had failed to reach you before your 
despatch was written. Owing to this circumstance, it would be improfitable to 
reply to your suggestions on that subject. 

I am not altogether satisfied that you judged wisely, under the circumstances, 
in the course you pursued in regard to the claims of American citizens to ex- 
emption from the taxes imposed by the government of Mexico. It is our desire, 
we know it is yours, to see the government of Mexico sustain itself in the crisis 
through which it is passing. Citizens of the United States residing in Mexico 
ought to bear their proportion of the burdens necessary to the maintenance of 
the government whose protection they enjoy. The question of the lawfulness 
of the tax does out arise out of any rights peculiar to themselves, but out of 
right common to them with all the citizens of the republic of Mexico. It seems 
to me that Americans, under such circumstances, might well be left to abide the 
decisions of the Mexican tribunals in the same manner as Mexican themselves 
must do. But I write with much hesitation on the subject and await fiu'ther 
developments of it. 

I am, sir, your obedient sen'ant, 

WILLIAM H. SEWARD, 
By F. W. SEWARD, 

Acting Secretary. 

Thomas Corwin, Sfc., Sfc, 8(c. 



Mr. Corwin to Mr, Seward. 



No. 8.] Legation* of the L'mted States of A.merica, 

Mexico, Xovember 29, 1S61. 

Sir: I have to acknowledge the receipt, since my last communication of the 
29th of October, of the missing despatches Nos. 14 and 15, and also of your 
other despatches from No. 20 to No. 2S, (of October 2S,) inclusive. Despatch 
No. 16 has not been received by me. Since my last despatch (No. 7) Mt'xicau 
aftairs have assumed a very unfavorable aspect. Sir Charles Wyke, the British 



THE PRESENT COXDITIOX OF MEXICO. 35 

minister, having arranged with Mr. Zamacona, the minister of foreign affairs of 
the republic of Mexico, a treaty on the basis mentioned in my communication 
to you, and Avliich I considered very favorable to Mexico, and this treaty having 
been submitted to congress, and rejected by a vote of almost two to one, I have 
■withdrawn my propositions for a loan from the United States, understanding 
from your instructions that this loan was to be made merely with a view to pre- 
vent European inteiwention in the affairs of Mexico. As this treaty has been 
rejected, I have good reason to believe that England will take possession of the 
ports of 3fexico, with the intention of paying the debts due to her citizens. 
The fleets of France and Spain, I have no doubt, will co-operate with that of 
England. What the views of France may be I cannot say. I agree, however, 
entirely with Mr. Schurz that it is the desire of Spain to regain her dominion 
over this country, and to establish here a monarchy. Whether the other powers 
referred to will consent to this you can judge better than I. 

In accordance with the instructions contained in your first despatch on this 
subject, I made an arrangement with the government of Mexico for a loan of 
five millions of dollars, payable in monthly instalments of one half million per 
month, and sectu-ed by the pledge of all the public lands, mineral rights, and 
church property. In addition to this I agreed, on behalf of the United States, 
to make a further loan of four millions of dollars, (making in all nine millions 
of dollars,) to be paid in sums of one half million every six months, and to be 
secured in like manner as the five millions. Since the rejection of the English 
treaty I have not felt at liberty to complete this arrangement, and shall await 
further instructions. Should the three European powers referred to take posses- 
sion of the Mexican ports, and then offer to relinquish all claims upon this 
country in consideration of the payment of the interest upon their debts, and 
the securing of the payment of the principal, I shall feel at liberty to renew my 
propositions unless otherwise instructed. 

It will be seen that the treaty noAv proposed reduces the loan from the sum 
proposed in my last advices from eleven to nine millions. I transmit herewith 
a copy of the treaty as drawn by myself and sul)mitted to the cabinet here. I 
have no doubt it will be ratified here if I shall hereafter be authorized to pro- 
pose it. On this point I ask the favor of instructions as early as possible. 

I entertain a confident belief that when the English, French, and Spanish 
fleets shall arrive at Vera Cruz, and demand and o])tain possession of the Mexi- 
can ports on the Gulf as well as Pacific frontier, that Mexico will enter into 
treaties with all these nations, such as was proposed by the lately rejected British 
treaty. Her national pride is so great that nothing but actual demonstration of 
her weakness will subdue it. 

From the best judgment I can form as to coming events here, I am inclined 
to the belief that England will imite in taking possession of the ports and ap- 
propi-iate the proceeds of the custom-houses in some way to the payment of the 
just claims of the three nations, but will not agree to any inteiwention in the 
internal concerns of the republic. I think Spain will desire to seize the entire 
government of Mexico, and re-establish her power here. If France concurs in 
this, they can accomplish it. If it is attempted by Spain alone, it will ulti- 
mately fail. The hatred of the Spanish race is extreme here, and has been so 
since 1820. The conflict Avith the church, which has raged for the last three 
years, has intensified this feeling greatly. 

I think the obvious folly of rejecting the British treaty will be corrected by 
the events of the coming month, at least, in the realization of this hope consists 
the only peaceful solution of the questions which threaten the destruction of 
Mexican independence. 

I send herewith copies of the late proceedings of a portion of the diplomatic 
corps here, in their attempt, by the tender of their good offices, to reconcile the 
differences between France and Mexico. It will be seen that the French nlti- 



36 THE PEESEXT CONDITION OF MEXICO. 

matum required tlie Mexican government to admit Frencli intervention in the 
Mexican ports, witli poorer to reduce the Mexican tariff. The organic structure 
of the Mexican government does not admit the delegation of such power ; and 
as far as I coukl learn from the Mexican secretary for foreign affairs this was 
the main objection to his imqualilied acceptance of the ultimatum. I endeavored 
to induce the minister of foreign affairs to give his unqualified acceptance, being 
satisfied that in any arrangement which would follow the French minister 
would not insist upon a demand of that kind. The fear of being charged with 
bad faith prevailed over my suggestions, however, and om- efforts ended as the 
papers I send wiU show. 

The government is now making great efforts to embody fifteen thousand men 
at Yeta Cruz to meet the Spanish troops, should they attempt to land. 

The British minister. Sir Charles Lennox Wyke, has, in my judgment, con- 
ducted himself here with great prudence, good sense, and perfect equity. He 
has sought to accomplish the object of his mission without resort to force, and 
his trcatv was in all respects equitable and just towards both nations, but the 
overweening pride of the Mexican congress, not to say folly, in rejecting that 
treaty has subjected Mexico to the hazard of finding an enemy instead of an 
ally in Great Britain. 

I have been confined to my bed for several days by a violent cold, and was 
only permitted by my physician to leave it this morning. This I trust may be 
received by the department as some apology for the want of more extended 
details in this despatch. This will leave in two hours by the British courier 
extraordinary, and be sent by the British steamer to Havana. By the obliging 
courtesy of the British minister, I am enabled to avail myself of this, the only 
safe medivm of comnninication u-ith the coast; all other mails are sacked and 
robbed of all their valuable contents by the numerous bands of robbers that 
infest the roads in all directions. 

1 have the honor to be your obedient servant, 

THOMAS CORWIN. 

Hon, Wm. H. Seward, 

Secretary of State of the United States of America. 



Mr. Scicard to Mr- Corwin. 



Xo. 32.] Department of State, 

Washington, Dccemher 5- 1S61, 

Sir : Your despatch of October 29, Xo. 7, has been received and submitted to the 
President. 

I have delayed replying to it some days for the reason that I hourly expected 
the answers of the British, Frencli and Spanish governments to our propositions 
concerning war. These have come at last in the form of the convention mu- 
tually concluded by them for hostilities against Mexico, with an invitation to us 
to join in the convention. I send you a copy of it, together with my reply to 
that communication. 

I infer from your despatch that you will have signed a treaty with the govern- 
ment of ^lexico before this time, and without wailing for new or fm-ther instruc- 
tions. I am hoping every day to receive that convention, and though I have 
only a very imperfect kno^\■ledge of the stipulations which it will contain, I 
willingly lioj)e and am ready to believe that it may find speedy favor with the 
President and the Senate. 

The President thinks ib.at you cannot properly leave Mexico while the hos- 
tilities against the republic are going on, and that your presence there will be 



THE PEESENT CONDITION OF MEXICO. 37 

needful for counsel and possible negotiation between ourselves and tbe belligerent 
parties. 

You may look for an immediate response from us, with important despatcbes, 
by special messenger, after the expected treaty shall be sent to us. Meantime, 
there seems to be nothing important to be communicated beyond what this paper 
and the accompanying documents contain. 

Some comparatively unimportant matters contained in your despatch wUl be 
entertained in a separate j)aper. 

I am, sir, your obedient servant, 



Thomas Corwin, Esq^., Sfc., 8)-c., S)V. 



WILLIAM H. SEWARD. 



Mr. Corwin to Mr. Seward. 



No. 10.] Legation of the United States of America, 

Mexico, December 24, 1861. 

Sir : I have deemed it necessary to appoint Mr. Plumb a special bearer of 
despatches at this time. He will take with him an extradition and postal treaty, 
which I was not sure could reach the United States by any other mode of con- 
veyance. The present position of England and Mexico renders it entirely un- 
certain whether any mail, except that of the English legation, will be allowed to 
go on the English steamer, which is at present the only possible means of com- 
munication betAveen Vera Cruz and Havana, at which latter place my corres- 
pondence is taken up and delivered in New York by the American steamers, 
which come and go to and from Havana twice a month. 

I have heretofore presented to the department the difficulty of communicating 
with the United States by conveyances so precarious and tedious as those now 
at command. If the British mail steamer, which is available only once a 
month, should be withdrawn, or communication through her be prohibited by 
the government of Mexico, then I know of no practicable mode of communication 
between this country and the United States at all, unless a mail can be secured 
from this city to Acapulco, from which last point letters could be taken twice a 
month to Panama. I have been laboring for the last week to imite with the 
merchants of this city to subscribe a sufficient sum Avhich, with a small monthly 
subscription by the American legation, would enable us to employ a safe courier, 
who would go twice a month to Acapulco and back to this place. I am in- 
fonned by the government here that if such arrangement should be made, it 
would endeavor, by every means at its command, to render the route safe from 
tlie robber bands which have heretofore infested the roads in all directions. I 
do not think this plan will be carried out without a subscription on my part of 
at least fifty dollars per month. I must be guided by particular instructions on 
this point. 

If a vessel of the United States, armed, could be employed by our govern- 
ment to carry the mail once or twice a month between Vera Cruz and Havana, 
the necessity for establishing a route from this city to Acapulco would cease. 

Additional reasons for employing Mr. Plumb as bearer of despatches at this 
time will appear in my despatch, No. 11, of this date. If I can find it possible 
to send despatches through the British courier from this place to Vera Cruz, 
and from thence to Havana by the British steamer, I shall duplicate all the 
papers sent by Mr. Plumb, and send them by that route, so that tlae infonnation 
which they contain may be certain to reach the department. 
Very respectfully, 

THOS. CORWIN. 

Hon. Wm. H. Seward, 

Secretary of State of the United States, Washington. 



38 THE PEESEXT CONDITION OF MEXICO 



3Ir. Corwin to Mr. Seward. 

No. 11.] Legation of the United States of America, 

Mexico, December 24, 18G1. 

Sir : Since the date of my clespatcli No. 8 tlie event has happened which I 
have expected for the hist seven months. The Spanish fleet lias arrived at Vera 
Crnz and taken possession of that city without firing a single gim. The Mexi- 
can popuLition has all been ordered by the government to leave the city, and 
we hear that all, or nearly all, have obeyed the order. The castle of St. John 
de Ulloa has been entirely disarmed and the guns taken up to the difficult passes 
in the mountains, and there mounted, preparatory to the defence of those places 
should Spanish or allied troops attempt a march upon this city. From fifteen 
to twenty thousand troops, now under command of General Uraga, are stationed 
at these points, with orders to resist to the last. 

By reading carefully the correspondence of the Spanish commander \nih. the 
Mexican authorities, you will perceive that no positive declaration of war has 
been made by Spain, either for herself or in the name of France or England. 
The French and English legations here both left Mexico, and are now at Vera 
Cruz. I was told by the British minister when he left that he should repair to 
Jamaica, at which point he expected further instructions applicable to the 
present state of affairs. I have seen it stated in the European papers that a 
consultation of the three powers was to take place at Jamaica before any de- 
cided move would be made upon Mexico. The statement of the British minister, 
as above, confirmed me in the truth of that made by the European press. If I 
am right in this, then it follows that the advance of Spain upon Vera Cruz has 
been made without the consent of France or England, and this is to be inferred 
from the fact that neither the French nor English fleet has yet been heard of in 
the Gulf. I am c[uite sure that the British minister here was surprised when he 
heard of the arrival of the Spanish fleet alone. 

You will observe that the Spanish commander does not wish to be understood 
as making war on Mexico, but rather holds out the idea that he comes to collect 
a debC, and has seized Vera Cruz as part of the estate of the debtor, and holds it 
as a pledge, or by virtue of an attachment. The words prenda pretoria, which 
he has borrowed from the " Civil Law," mean, I believe, M'heu translated into 
our law language, property held in pledge by a court to answer to the judgment 
to be rendered in a pending cause. Whether such a writ, served in such a way, 
by such an officer, may be a " casus belli," or not, may be a Cjuestion for diplo- 
matic investigation and decision. Hence you will see that President Juarez in 
his proclamation does not consider the act of the Spanish commander as a 
declaration of war, and contents himself Avith saying " he M-ill resist force by 
force," if it should turn out that Spain under its financial claims covers ag- 
gressive designs xxpon Mexico. 

After carefully considering all the facts within my knowledge which tend to 
throw light upon the real designs of the three powers, I incline to the belief that 
Spain secretly entertains a wish to prevent a peaceful adjustment between 
]\Icxico and either of the three powers, and that France and England, especially 
the latter, only intend to extort from Mexico treaties conformable to their ideas 
of justice. Spain desires, by war between Mexico and all the three, to effect 
the reconquest of her lost American colonies. France, as she thinks, M'ould be 
willing to aid her in this. England, she has reason to believe, would never 
agree to the establishment of a vice-regal power here, unless upon such con- 
ditions as wt^dd take aAvay all motives which prompt Spain to such a course. 
These are only my own inferences from the few facts which I have been able to 
learu here. The government of the United States, having a more eulai'ged 



THE PEESENT CONDITION OF MEXICO. 6d 

knowledge of facts and a higher stand point from which to survey the whole 
field of probabilities, will be able to form its own better conclusions on the 
subject. 

Mr. Plumb, the bearer of this despatch, will pass through Vera Oruz, and be 
able to learn much of the state of things there which is unknown at this moment 
to me. I suggest that you have an interview with him. He will be able to 
explain to you fully the difficiilties likely to arise out of the present state of 
things touching the communications between this coimtry and the United 
States. I have been told by M. de Saligny (the French minister) that the 
United States had been requested by France to join the three powers in their 
present movement. I desire very much to know whether this has been done, 
and what answer our government gave to this request. If, as I think probable, 
this intervention shall end in treaties with Spain, France, and England, giving 
away a large portion of the revenue of this government to satisfy the claims of 
interest due on the foreign debt of Mexico, it vdW be important that I should 
know whether X will be at liberty to contract by treaty to loan Mexico the 
amounts, more or less, named in your previous instructions, with sucli guarantees 
of repayment as those contained in the projet I sent with my despatch No. 8. 
Such a loan will be absolutely necessary to the very existence of government 
and law in Mexico, should they treat with all the three powers on a basis simi- 
lar to that adopted in the treaty with Great Britain recently — I will add, madly 
rejected by the Mexican congress. The present cabinet has full power to sign 
and ratify treaties, and I know each member of it is determined on a peaceful 
adjustment of all their difficulties with all the European powers, if it can be 
accomplished by any arrangement approaching to justice. I beg immediate in- 
structions on this point. 

I have the honor to be your obedient servant, 

THOMAS CORWIN. 

P. S. — At this time every republic in South America should be represented 
here. It would weigh against the European scale, which, at present, is qtiite 
too heavy here for the safety of American interest. I heg you will tahe measures 
to insure this. Ecuador, alone, is now represented here. Spain and France, it 
is to be feared, have a covetous eye on the weak South American republics. 
They should meet them here, where they make their first demonstration. 

THOMAS COEWIN. 
Hon. William H. Seward, 

Seci-etary of State of the United States, Washington. 



Mr. Dohlado to Mr. Seioard. 
[Translation,] 



National Palace, Mexico, December 20, 1861. 

The undersigned, minister for foreign affairs of Mexico, has the honor to place 
in the hands of his excellency the minister of the correspondent department for 
the United States- of America copies of the communication which the com- 
mander of the Spanish expedition, upon the invasion of this republic, addressed 
to the governor of the State of Vera Cruz, calling upon him for the surrender 
of the fortress and castle of UUoa; and of what this department has despatched 
to the said governor in reply. 

His excellency the Secretary will also find annexed a printed copy of the 
decree issued by the chief magistrate of the nation, under date of 17th instant, 
which, besides other provisions contained in it, declares the port of Vera Cruz 



40 THE PEESEXT COXDITION OF MEXICO. 

closed to tlie foreign and coasting trade; and another of tlie manifesto wliich 
the president lias put forth, and a copy of the circular transmitted to the gov- 
ernors of the States of the confederation, calling upon them all for the defence 
of the national independence. 

The undersigned avails of the occasion to proffer to your excellency the as- 
surances of his very distinguished consideration. 

MAKUEL DOBLADO. 
His Excellency the Secretary for Foreign Affairs 

of the United States of America. 



Mr. Ruhalcava to the Governor of Vera Cruz. 

[Translation.] 

General Headquarters of the Naval Forces 

OF HER Catholic Majesty in the Antilles. 

Governor : The long succession of injuries inflicted upon the government 
of her Catholic Majesty by that of the Mexican repiiblic; the repeated outrages 
committed upon Spanish subjects; and the blind obstinacy with Avhich the gov- 
ernment of Mexico has constantly refused to give ear to the just reclamations of 
Spain, always presented Avith the moderation and decorum proper to a nation 
so chivalric, have obliged my government to put aside all hope of obtaining 
through measures of conciliation a satisfactory arrangement of the grave differ- 
ences existing between both countries. Notwithstanding, the government of her 
Majesty resolved upon obtaining full rejjaration of so many outrages, has or- 
dered me to begin my operations by taking possession of the fortress of Vera 
Cruz and the castle of San Juan de Ulloa, which will be held as an hypothe- 
cated security until the government of her Majesty becomes con^anced that in 
future the Spanish nation will be treated with the consideration which is due to 
it, and that the treaties which may be concluded between the two govQi-nments 
Avill be religiously observed. Your excellency wiU communicate to me through 
the channel of the French consul, charged Avith the representation of the com- 
mercial interests of Spain, Avithin the limit of tAveuty-four hours, reckoned from 
the time at which you may receive this communication, Avhether you are, or not, 
ready to surrender to me the fortress and the castle, Avith the understanding that 
if the response is negatiA'e, or if at the expiration of the time fixed I haA'e re- 
ceived no ansAver, from that moment you can assume that hostilities are begun, 
for AA'hich purpose the Spanish army Avill be landed. I ought not to hide from 
you that although I make this intimation to you in the name of Spain alone, in 
obedience to the instructions I luiA'e receiA'ed, the occupation of the fortress and 
castle Avill also serA^e as guarantees of the rights and claims against the Mexican 
gOA'ernment AA'hich the goA'crnments of France and England may haA'e occasion 
to establish. 

It remains to rac to set before you that the mission of the Spanish forces in 
no Avay affects the internal policy of the country ; all opinions Avill be respected, 
no censurable act A\ill be done, and from the moment Avhen our troops occupy 
Vera Cruz the S})anish commanders Avill ansAver for the safety of the persons 
and property of its inhabitants Avhatever may be their nationality. It belongs 
to you and the rest of the Mexican authorities to giA'e guarantees to the foreigners 
imtil such occupation may take effect, Avhether it be pacifically or by active 
fi)rce. If Spanish suljects and other foreigners should be persecuted or mal- 
treated the forces Avhich compose this expedition would see themseh-es under 
the hard but unaA'oidable necessity of recurrence to reprisals. I entertain the 



THE PRESENT CONDITION OF MEXICO. 41 

hope that you, whatever be your decision, Avill act with the practical wisdom 
which is to be desired, being yourself convinced that the Spanish troops, always 
humane, always noble and loyal even towards their enemies, will not take the 
first step in the way of reprehensible violence even in case of war — wUl avoid 
every species of crime, the only result of which Avould be to render more difficult 
the arrangement of pending international difficulties. 

I avail myself of this opportunity to offer to you the assurances of my con- 
sideration. 

Steamer "Isabel la Oatolica," at the anchorage of Anton Lizardo, 14th De- 
cember, 1861. 

JOAQUIN GUT'Z DE RUBALCAVA. 

The Governor of the State of Vera Cruz. 



True copy. 



Mexico, December 20, 1861. 
JUAN DE DIOS ARIAS. 



Mr. Dohlado to the Governor of Vera Cruz. 

Department of Foreign Relations and of Administration, 

Mexico, Dcccmher 17, 1861. 

The citizen president to whom I made report of the despatch which the com- 
mander of the Spanish naval forces addressed to you, and of that which you 
directed to that chief in reply, orders me to say to you that you must folloAV 
punctually the instructions A\4ich Avere given you beforehand for the event that 
has already occurred, (the open breaking out of hostilities on the part of the 
subjects of Spahi,) and which, in the military service, leaves free action to the 
commanding general-in-chief of the Mexican anny, General Uraga, to operate 
in his sphere, as he has been already instructed in detail. It would be improper 
for the government of the republic to address itself to a chief, who, waiving the 
formalities of the law of nations, begins by calling for the sm-render of a fortress. 

The war cry spontaneously shouted forth by the nation marks out to the 
government the course it ought to follow, and it will not be the president who 
will fall back before a foreign invasion, with the more reason that in this case 
Mexico does but repel force by force, in the exercise of an incontestable natural 
right. I also send to you, by superior order, a copy of the decree and circular 
which I transmit to-day, by express, to the governors of the States, recommend- 
ing you to second, with the energy and activity which the circumstances demand, 
the views of the government, by the faithful carrying out of which the presi- 
dent has no doubt the invasion which menaces the destruction of our liberty 
and of our independence will be repulsed. 

Liberty and reform. 

DOBLADO. 

The Governor of the State of Vera Cruz. 

Mexico, Decemler 20, 1861. 
A copy. 

JUAN DE DIOS ARIAS 



42 THE PEESEXT CONDITION OF MEXICO. 

Mr. Dohlado to the Governors of the Mexican States. 

[Circular.] 

Department of Foreign Relations, 

Mexico, Deccmltcr IS, 1861. 
By order of tlie president, I have tlie satisfaction to transmit to you, in copy, 
the despatches exchanged between the commander of the Spanish force at Vera 
Cruz and the governor of that State, as well as the decree and manifesto which, 
to-day, the chief magistrate of the republic has deemed proper to issue, that the 
States may prepare for the defence of independence. After having exhausted 
the means of pacific accommodation between Spain and Mexico, the government 
of the republic, strong in the consciousness of right, and sensible to the impulses 
of public opinion, pronounced for war, accepts that which the Spanish forces 
have initiated in a manner so unusual, because its right to repel force by force 
is incontrovertible, and it protests in the presence of the civilized world that all 
responsibility for future events will fall solely on the government of the Queen 
of Spain, which has so inconsiderately made its own the unjust pretexts upon 
w'hich the enemies of Mexican liberty have attempted to speculate. Notwith- 
standing our intestine divisions, the love of independence, and hatred of the 
ancient rulers over the country still keep alive, although the latter has been 
mitigated by the effects of the culture and civilization of the age. The president, 
in raising the banner of Mexican nationality, does no more than follow the current 
of public opinion, and has the pleasure to see arrayed around him, on the day of 
a national contest, the greater part of those Mexicans, who, by reason of political 
opinions, remained disunited, but have abandoned intestine divisions on the fii'St 
call of their native country. Although the government has asserted its right to 
expel from the territory of the republic Spaniards resident therein, it has omitted 
to do so at present, because it trusts that they, appreciating the generosity with 
which it treats them, Avill continue to keep the strict neutrality ^vhich their posi- 
tion enjoins upon them. Thus has the president given another proof of the 
practical wisdom Avith which he has conducted his foreign relations, establishing, 
by irrefragable acts, that he is not to blame if those relations have reached the 
unfortunate state in which they actually exist. The president, therefore, hopes 
that by giving prompt and strict fulfilment to the decree, of which mention was 
made in the beginning, you will put on the march, Avitli the least possible delay, 
the contingent of anned force allotted to you, and that besides you will make 
use of all the resources of your government to place the State under your worthy 
command in the imposing attitude which becomes it, by arousing, by all means 
in your reach, the patriotism of all rhe inhabitants of such State, that they may 
assemble together for the common defence, so that if such unfortiiuate event 
should occur as the enemy penetrating to the interior, all the inhabitants may 
rise in one body and oppose "with their swords and their courage an iuAincible 
barrier to the daring of our invaders. May the recollection of Hidalgo, of 
Morelos, and of Guerrero, be the rallying point for Mexicans, as well as the flag 
which waves over the ranks of our army in the hour of battle. All hail our 
independence. All hail the republic. Liberty and reform. 

MANUEL DOBLADO. 

The governor of the State of . 

Mexico, Decemher 23, 1861. 

A copy. 

JUAN DE DIOS ARLIS. 



THE PEESENT CONDITION OF MEXICO. 



43 



Decree of President Juarez to tlie Governors of the ISIcxican States. 

Department of Foreign Eelations. 
Tlie constitutional president of the republic has seen fit to make the decree 
which follows : 

Benito Juarez, constitutional president of the United Mexican States, makes 
known to the inhabitants thereof: 

That the Spanish forces having taken possession of the port of Vera Cruz, 
and hostilities having by that act broken out between the republic and Spain, 
in virtue of the full powers with which I am clothed, I have thought proper to 
decree the following : 

Article 1. The port of Vera Cruz is closed from and after the 14th of the 
present month to the coasting trade as well as that of the high seas. 

Article 2. Those Mexicans are traitors to their country, and shall be punished 
as such, who may take up arms and join the Spaniards, or may in any manner 
favor their cause. 

Article 3. The time which the act of amnesty of the 2d of the present month 
conceded to dissidents to accept the pardon offered by the government is extended 
for fifteen days longer; and the grace is extended to all Mexicans, except those 
who, in the judgment of the government, are not in condition to receive it, for 
which purpose a habilitation will be made in each special case. 

Article 4. Governors are empowered to dispose of re venues belonging to the 
general government in their respective States, so that they may, in the shortest 
time possible, put on the march the contingent of armed force allotted to them by 
this decree. 

Article 5. The contingent of the States is as follows : 



States. 


No. of men 


States. 


No. of men. 


Federal district ... 


3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
2,000 
2,000 
2,000 


Chihuahua 


2, 000 




Guerrero 


2,000 


Juanaiuato 


Yucatan 


2,000 


Galisco ..... 


Tabasco 


2,000 


Zacatecas 


Aguas Calieutes 

Queretaro 


1,000 


San Luis Potosi 


1,000 


Mexico 


Colima 


1,000 


Michoacan 


Chiapas 


1, 000 


Puebla 


Tlaxcala 


1,000 


Vera Cruz . ... 


Baja California 


1,000 


Nueva Leon y Coahuila 

Tamaulipas . . 




1,000 


Sinaloa 


1, 000 


Durango 











Article 6. Without prejudice to the posting of the contingent designated, 
at the point which will be designated in due season, the governors will call to 
arms all the national guard which may be disposable, imposing the extraordinary 
duties which, in their judgment, may seem proper to obtain the resources neces- 
sary for the subsistence of such forces. 

Article 7. The Spaniards resident in the country will continue living under 



44 THE PRESENT CONDITION OF MEXICO. 

the protection of the lavrs, aud those who, abusing the generosity of the gevem- 
ment, may aid the invaders shall only he punished in conformity therewith. 

Wherefore I order that this be printed, published, and circulated, aud be duly 
executed. 

Given at the national palace, in Mexico, the 17th of December, 1861. 

BENITO JUAKEZ. 
To Manual Doblauo, 

Minister for Foreign Relations. 

I communicate this to you for its execution and resulting consequences. 
God aud liberty. Mexico, December 17, 1861. 

DOBLADO. 
To the Governor of the State of . 



Froclamation of President Juarez to the Mexicans. 
[Translation ] 
The constitutional president of the republic to the nation : 

Mexicans : The announcements of the approaching war which was prepar- 
ing against us in Europe have unhappily begun to be realized. Spanish troops 
have invaded ouv territory, our national dignity is wounded, and our independ- 
ence perhaps endangered. In circumstances so afflictive the government of 
the republic deems that it discharges one of its principal duties by placing be- 
fore you the cardinal idea which will be the basis of its policy in the present 
affair. The interest of all is at stake, and therefore all are under obligation, as 
faithful sons of Mexico, to contribute their intelligence, their fortune, aud their 
blood to the safe-keeping of the republic. All have equal right to inform them- 
selves of the action and of the policy of the government. 

On the 14tli of the present month the governor of the State of Vera Cruz 
received a summons from the commander of the Spanish naval forces to evacuate 
that port aud the fortress of Ulloa, which the same commander announced that 
he would hold in pledge until the government of the Queen of Spain shoidd be 
assured that in the future the Spanish nation will be treated with the consid- 
eration due to it, and that the treaties which may be concluded between the two 
governments will be religiously observed. The Spanish commander also an- 
nounces that the occupation of the port and castle will serve as a guarantee of 
the rights and claims against the Mexican government which France and Great 
Britain may have occasion to establish. 

The foundations of this aggression are inexact, to wit : the offences offered to 
the government of her Catholic Majesty by the government of the republic, aud 
the blind obstinacy with which the government of Mexico has constautly re- 
fused to give ear to the just claims of Spain. 

The invariable conduct of the Mexican goveniment does not allow the im- 
partial eyes of justice to give assent to such imputations. The Spanish gov- 
ernment, since the treaty of peace of 1836, has always been regai>led as that 
of a friendly power, connected with Mexico by means of especial ties, without 
that, against this truth there can at this day be alleged, as a well-founded 
objection, the faot of the expulsion of the Spanish ambassador. As the special 
circumstances of that case are well known, and no less well known is the dis- 
position which the government entertained, aud still entertains, to give ujwn 
this particular explanations the most rational and proper ; reduced, in a few 
words, to the necessity of excluding from the national territory a foreign func- 
tionary, who came decidedly to encourage the principal fosterers of the rebel- 



THE PEESENT CONDITION OF MEXICO. 45 

lion against the legitimate authorities of the republic. The government then 
made use of a right which all nations hold and exercise, and which Spain has 
on repeated occasions put in foice; but manifesting at the same time that that 
determination in nowise affected the good relations which existed, and which it 
desired to maintain with the Spanish nation. 

The outrages committed against Spanish subjects are not either acts which 
can be presented in contradiction of the purpose of maintaining the best agree- 
ment Avith that government, because those outrages were only the inevitable 
consequences of the social revolution which the nation initiated and consumma- 
ted, in order to extirpate those abuses which had been the perennial causes of 
its misfortunes — consequences which, in their turn, natives and foreigners have 
endured witliout any distinction of their respective nationalities. And if some- 
what the greater portion of these mischances has fallen upon Spanish subjects, 
may not this have arisen from the fact that the number resident in the republic 
is also larger than that of those of another nationality ? May it not have sprung 
from the fact that the Spaniards, more than any other foreigners, have taken, 
and take sides in our dissensions, in which many of them have displayed a fierce 
and sanguinary disposition ? 

Notwithstanding, the various administrations which have succeeded to each 
other have always listened to the claims of the Spanish legation, and have re- 
ceived with favor those which seemed to be supported by any principle of equity. 
A long time anterior to the recognition of our independence the Mexican cougress 
made national the debt contracted by the Spanish government, although a great 
part of its amount had been spent in fighting against that very independence, 
and another part, no less considerable, was appropriated to the European obli- 
gations of the Spanish monarchy. Subsequently the character of agreement 
was given to the arrangement of Spanish claims ; but it being afterwards made 
apparent tliat some of the Spanish subjects interested in them, abusing the kind 
disposition of the government of the republic, presented immense amounts Avhich 
evidently had not the characteristics required by the convention, the Mexican 
government took measures, by virtue of whicli this operation might be set right, 
reducing them Avithin just and equitable bounds. 

For the rest the government has been and is disposed to satisfy all just 
claims as far as the resources of the nation may permit, well known as they are 
to the power which is now invading it. All nations, and Spain most especially, 
have passed through epochs of want and penury, and almost all have had cred- 
itors Avho have waited for better times for their protection. It is only from 
Mexico that sacrifices are required which are beyond its power. 

If the Spanish nation cloaks other designs beneath the financial question, and 
because of offences which are unfounded, its intentions will soon be known. 
But the government whose duty it is to prepare the nation for any event, an- 
nounces, as the basis of its policy, that it does not declare war, but will repel 
force by force so far as its means of action may permit. That it is disposed to 
satisfy claims made upon it which are founded in justice and equity, but without 
accepting conditions that cannot be admitted without offending the dignity of 
the nation, or calling in question its independence. Mexicans, if such just pur- 
poses should not be appreciated ; if it should be attempted to humiliate Mexico, 
to dismember its territory, interfere with its administration and internal policy, 
or perchance extinguish its nationality, I appeal to your patriotism, and I con- 
jure you that, laying aside the hatreds and enmities to which the diversity of 
our opinions has given origin, and making sacrifice of your property and your 
blood, you gather yourselves around the government and in defence of the cause, 
the greatest and most sacred to men and to nations — the defence of our native 
land. 

Exaggerated and sinister statements by the enemies of Mexico have presented 
us to the world as rude and degraded. 



46 THE PRESENT CONDITION OF MEXICO. 

Let ns maintain war witli those -svho provoke us to it, strictly observing tlie 
laws and usages establislied for the benefit of humanity. Let the unarmed 
enemy, to whom we have granted a generous hospitality, live tranquil and 
secure under the protection of our laws. Thus shall we repel the calumnies of 
our enemies, and shall prove ourselves worthy of the liberty and independence 
which our fathers bequeathed to us. 

BEXITO JUAREZ. 

JMkxico, Beccmler 18, 1861. 



Mr. Seward to Mr. Corwin. 



No. 36.] Departmext of State, 

lVashingto?i, January 24, 1862. 

Your very interesting despatch of December 24 (No. 11) has been received. 

You are already aware that the President, early during the present session of 
Congress, submitted to the Senate your project of a treaty with Mexico, by 
which provision would be made for a loan to that republic, and asked the Senate's 
advice upon the subject. 

Hitherto the Senate has not acted upon the subject. It is understood that 
this delay has been made because it was thought desirable to have such infor- 
mation from you of the condition of affairs in Mexico as you should be able to 
give after the then expected hostilities of the three powers allied against Mexico 
should be actually begun. A copy of your despatch has been submitted by the 
President to the Senate, with a request that it would act upon the whole subject 
at the earliest possible day. Under the circumstances, the President deems it 
his duty to wait for the Senate's reply, which, of course, must have an important 
bearing upon the nature of the instructions to be given to you for the regulation 
of your conduct in the existing emergency. I trust, however, that no long delay 
■will now be foimd necessary. 

I am, sir, your obedient servant, 

WILLIAM H. SEWAED. 

THOiAiAS Corwin, Esq., ^t- ., i^r., h^x. 



Mr. Corwin to Mr. Seward. 



No. 13. 1 Legation of the United States of America, 

Mexico, January 12, 1862. 

Sir : The last British steamer which arrived at Vera Cruz, the 26th of 
November, brought nothing from the department to me. Mr. Proctor write? 
me from Vera Cruz that he was directed to bear to this city important despatches 
for the legation, but the despatch agent at New York did not furnish them to 
him, and he went on board the steamer without them. 

Under circumstances existing here, this failure is a subject of deep regret. 
The Spanish fleet, with from seven to ten thousand land troops, arc in possession 
of Vera Cniz, while the French and English forces arc hourly exj)octed to join 
them, making the land forces altogetlier from fifteen to twenty thousand. If 
the conniiissioners, when they arrive, adhere to the avoAvcd objects of the triple 
treaty, every question pending with either of the three poM'crs will be adjusted 
without a war. If, as many suspect, there are secret orders to establish a 
government here under European auspices, then this country is doomed to a 



THE PRESENT CONDITION OF MEXICO. 47 

long, desultory, and bloody war, and finally to complete subjugation. From all 
the information in my possession, I incline strongly to tlie belief that the present 
European movement will end without war. 

All reliable means of communication with the United States are entirely cut 
off. The British courier no longer carries my mail to Vera Cruz, or any other. 
The Mexican mail cannot be relied on, and will probably soon entirely cease to 
take the mail to the city of Vera Cruz, and Mr. Proctor writes that since the 
affair of the Trent the British steamer will not cany any mail between Vera 
Cruz and Havana. I am left, therefore, to find means to write to the depart- 
ment, or not wi'ite at all. I send this by a courier (employed by the Prussian 
minister) who, I learn from Mr. Wagner, will go to Vera Cruz to-morrow. I 
send to the American consul at Vera Cruz, with instructions to send it, if pos- 
sible, by the Spanish steamer which goes every week to Havana, at which 
latter place our consul, I hope, will find some conveyance to New York. I 
have engaged Captain Stoeker, a brave and honest American, to carry my 
despatches to Vera Cruz, as often as I deem necessary, at a very moderate 
compensation, and have yesterday arranged with the president here to allow 
him to carry letters for the merchants here, at such rates as can be agreed on 
between him and those who wish to con-espond through him. I have some 
hope that our consul at Vera Cruz will be able to send a mail by the Spanish 
steamer to Havana. General Gassett, the commander of the Spanish forces, 
has, so far, been very accommodating towards our consul and people who have 
been within the district under his control. 

I shall duplicate this despatch by Captain Stoeker, who will leave for Vera 
Cruz on Wednesday, (three days hence,) as it is not entirely certain that any 
courier will reach Vera Cruz safely, and without loss of his mail. 

I earnestly entreat that the important despatches, said to be left in the hands 
of the agent at New York, may be forwarded (if this be not already done) at 
the earliest possible moment. 

General Doblado is now secretary of foreign relations, and entertains the best 
dispositions towards the United States. From all I have yet seen and known 
of him, I think he is the man for the present times in this country. 
I have the honor to be your obedient servant, 

THOS. CORWm. 

Hon. William H. Seward, 

Secretary of State of the United States, Washington. 



Mr. Corwin to Mr. Seward. 
[Extracts.] 



No. 14.] Legation of the United States of America, 

Mexico, January 26, 1862. 

Sir : I have to acknowledge the receipt, on the 19th instant, by means of a 
special courier from Vera Cruz to the Prussian legation in this city, of your de- 
spatches, Nos. 14, 16, 31, 32, and 33; No. 14 enclosing the duplicate of the 
commission of Marcus Otterbourg, as United States consul at this city, and 
No. 31 enclosing the commission of Peter Lott, of New Jersey, as United 
States consul at Tehuantepec, 

Since my last despatch nothing of a decided character has been done touch- 
ing the relations of this republic with Europe. Enough, however, is known to 
satisfy me that neither of the three powers expect the expedition to result in the 
establishment of a throne in Mexico. It was thoxTght by many, and I at one 
time entertained a fear that such was the secret design of Spain. I am now 



48 THE PRESENT CONDITION OF MEXICO. 

entirely at ease on that point. # * # * # j know further, 
that the government here were gratified when they received the despatch from 
the commissioners at Vera Cruz, three days ago. So far everything promises a 
speedy and safe solution of the present imminent difficulties of ^[exico. 

The commissioners of the three powers will be in this city by the first of Feb- 
ruary, and I have little doubt that treaties with them all will soon folloM\ 

I have heretofore informed the department that I had been assured, by both 
the French and English ministers here, that neither France nor England thought 
proper to treat directly with the United States for the payment of the interest 
on their Mexican debt, assigning as a reason that such a course might possibly 
lead to a disagreement with us, which they very much desired to avoid. Know- 
ing this to be the case, the Mexican government asked me whether, if she gave 
away her revenue to obtain a peaceful settlement of her European debt, the 
United States government would lend her a sum equivalent to that proposed 
to be paid to the Em-opean claimants, to wit : three per cent, annually, for 
five years, on $63,000,000. To this I assented, as being, in my judgment, 
within the spu-it of my instructions. In conformity with these views, I sub- 
mitted the project of a treaty, a copy of which I transmitted to the department. 
The entire cabinet were satisfied with that project, in every particular. But I 
did not deem it proper, under my instructions, to make this treaty until I wa3 
assiu-ed that England and France were satisfied. The rejection of the British 
treaty by congress obliged me to withdraw mine for the time. The same 
treaty, in substance, will now be ratified with England, and I have little doubt, 
as I have already stated, that similar satisfactory arrangements will be made 
with France and Spain. When this is done, I shall feel bound, unless instructed 
to the contrary, to submit a treaty in substance such as I have already sent to 

the department. 

# * * ** *♦* 

Yours, respectfully, 

THOMAS CORWIN. 
Hon. W. H. Seward, 

Secretary of State of the United States. 



Mr. Seward to Mr. Corwin. 



Xo. .37.1 Department of State, 

Washington, Febrnary 15, 1S62. 

Your despatch of January 26 (No. 14) has been received. The Senate, as I 
have reason to suppose, is largely occupied with our own domestic affairs, and 
at the same time is somewhat perplexed by the extraordinary state of affairs in 
Mexico, and so it has not yet come to any conclusion upon the questions sub- 
mitted to that body by the President for its advice. Under these circumstances, 
it seems to me best that if the occasion shall offer for Mexico to make a treaty 
with her invaders, and if Mexico shall at the same time and with a view to her 
aid in that emergency, apply to you for some financial aid from the United 
States, then you shall exercise your best discretion in making a treaty which 
will be useful to her and as little embarrassing to our own country as possible, 
and send the treaty here without delay for the consideration of this government. 

There are, however, very unmistakable indications that the Senate will recpiire 
two things in any treaty you may negotiate, namely: 1st. Tliat the aid to be 
rendered to ^Mexico shall be in the form of an assumption of payment of interest. 
2d. That the aid so rendered shall be guaranteed to be effectual in securing 
Mexico a release from all her complications with the allies now making war 
upon her. 



THE PRESENT CONDITION OF MEXICO. 49 

This seems to be your own view of the subject, and it meets the President's 
apjjroval. 

The views you express concerning a probable escape of the Mexican republic 
fi'om the embarrassments which surround it, without the loss of independence, 
are ftill of interest, and we hope that they may be justified by events. 

Desirous to act in good faith with the allies now invading Mexico, as well as 
with Mexico, and believing that such a course on our part will result beneficially 
to Mexico, I have informally communicated the general effect of these instruc- 
tions to the governments of Spain, Great Britain, and France, as you will of 
course make them known to the president of the Mexican republic. 

The consul at Minatitlan had been replaced before your despatch was received. 
I am, sir, your obedient servant. 



Thomas Cor\vi.\, Esq., Sfc, &fc., ^. 



WILLIAM H. SEWARD. 



Mr. Seward to Mr. Coricin. 



No. 40.] Departmext of State, 

Washington, February 28, 1S62. 

Sir : I enclose to you a copy of a resolution of the Senate of the 25th instant 
relative to your negotiations Avith tlie government of Mexico. You will consider 
your histructions upon the subject referred to modified by this resolution, and 
will govern your course accordingly. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Thomas Corwix, Esq., c^c, Sfc., <^r. 

IX EXECUTIVE SESSION. 

Senate of the United States, 

February 25, 1862. 

Resolved, That in reply to the two several messages of the President with 
regard to a treaty with Mexico, the Senate expresses the opinion that it is not 
advisable to negotiate a treaty that will require the United States to assume 
any portion of the principal or interest of the debt of Mexico, or that will require 
the concurrence of European powers. 

Attest : J. W. EORXEY, Secretary. 



Mr. Co?'wm to Mr. Seacard, 

[Extract.] 

No. 16.] Legation of the United States of America, 

Jlexico, February 18, 1862. 
gjjj :* * * * * * * * * 

I have deemed it my duty to keep the L" nited States government advised of 
events here as promptly as possible, until the results of the present intervention 
shall fully appear. Nothing has, as yet, transpired between the intervening 
powers and Mexico to enable me to say, with certainty, whether war will or 
will not be waged by the three powers as a means of enforcing their claims 
against Mexico. 

H. Ex. Doc. 100 4 



50 THE PRESENT CONDITION OF MEXICO. 

]\[r. Dolilado, the minister of foreign relations, left here on Friday morning 
(the 14th histant) to meet the foreign commissioners at Soledad, a small village 
about thirty miles from Vera Cruz. The object of this meeting is to agree, if 
possible, on certain p.)ints preliminaiy to treaties settling the claims of each 
power. In a conference with Mr. Doblado the night before his departure, he 
informed me that the points he should insist on were : 

First. The recognition by each and all of the three powers of the present 
government of Mexico. 

Second. A pledge not in any event to attempt a dismembennent of the 
present ten-itory of Mexico. 

Third. A pledge not to interfere in the domestic government of INIexico, or 
make any effort to change the existing fundamental laws of the republic. 

These propositions seem to me to embody precisely the engagements entered 
into by these powers with each other in the treaty which has been published 
by themselves ; and if there be no secret iinderstanding behind the treaty, I 
doubt not Mr. Doblado will succeed in securing the proposed preliminary ar- 
rangement. If he fails in this, however, hostilities are inevitable. Should these 
points be satisfactorily arranged, then no difficulty can arise except such as 
may grow out of the details to be adjusted as to the amounts due to each of the 
intervening powers, and the securities to be giA'en by Mexico for their future 
payment. The amounts may, I think, be easily and fairly adjusted, but the 
security for the payment of present dvies and future interest will be more diffi- 
cult of adjustment. 

The only security acceptable to any of the claimants is a mortgage on the 
revenues from imposts. To make this security such as will no doubt be earnestly 
insisted on, Mexico will be required to surrender, for a limited period, a very 
great proportion of this class of her revenues, which she cannot do Avithout 
imminent danger to her internal peace, unless the United States will step iu 
and make her the loan proposed in the proposed treaty, a copy of which I have 
heretofore transmitted for the criticism of the government at Washington. If 
the parties here shall not agree as to the securities to be received by each, and 
Mexico shall not be able to give what is demanded for Avant of the loan pro- 
posed by us, then war may ensue, and the subjugation of this coiintry to Euro- 
pean domination may and (in such case) prpbably Avill be the result. 

In the project of the treaty Avhich I forwarded to the department, I had 
strict regard as to the Avhole amount, to the sum named in my instructions, that 
is the payment of the interest at three per cent, on sixty-three millions for five 
years, making a total of nine millions four hundred and fifty thousand dollars, 
to be secured on the public lands in four of the States of Mexico. In the 
treaty I proposed, about the same amount Avould be loaned to ^Ii'xico, payable 
in instalments, so as to ansAver the exigencies of the government here, and at 
the same time secure both governments against any ])rodigality in the use of 
this loan, Avhilst the security giA'cn for it included all the public lands and 
mineral rights in the Avhole republic, as also the entire unadministered national 
property, called the "church ])r()perty," estimated here at not less than twenty 
millions. To secure the faithful appropriation of this security to the payment 
of interest and principal of the loan, a mixed commission to administer and 
apply properly the proceeds of these two funds Avas j^rovided. In order not to 
distress the United States treasury, I insisted on the option to adA'ance this 
loan in cash, or in bonds at par, bearing an interest of six per cent., believing, 
as I then did and do now, that the proceeds of the lands, mineral rights, and 
church property Avould, after the first year, either pay the va.<ih to be advanced, 
or, if the government chose to advanci' the loan in bonds, to take up these 
bonds as fast as issued. In the meantime I further ])rovided that ^Mexican 
bonds should be deposited in the treasiny, cquiA-alent in amount to each advance 
by our government, bearing six per cent, interest, a\ Inch, if the funds proA'idcd 



THE PRESEJiT CONDITION OF MEXICO. 51 

to take them up sliould be as available, as I believe they would, for their 
redemption, would readily sell in the market at par, so that if the entire arrange- 
ment should be faithfully carried out, the proposed loan could operate no injury 
to our national credit, whilst the great end in view, the security of the national 
life of Mexico, would be attained. I am thus particular in stating the points 
of interest in the treaty I proposed, because I wish the government to see that 
I have kept in view the substance of my instructions, and because I am sure 
the time is approaching when we may be obliged to do in substance what we 
first proposed, that is, to jjay the interest on the sum stated above, or abandon 
Mexico to such a fate as the three powers, now here in force, shall choose to 
award her. The prompt and friendly manner in which the government here 
granted us the right to march troops and convey provisions and munitions of 
war over her territory, to aid in quelling the rebellion on our frontier, contiguous 
to hers, furnishes, I think, a strong motive to a return of this generous act. 
Such has been the conduct of this government towards the commissioner of the 
" Confederate States," that Mr. Pickett recently sent here, from Vera Cruz, a 
letter which, I am informed, Avas so abusive in its terms that it was forthwith , 
returned without a reply. 

I am, very respectfully, your obedient servant, 

THOS. CORWIX.. 
Hon. William H. Seward, 

Secretary of State of tltc United States, Washington. 



Mr. Seward to Mr. Corwin. 



No. 43.] Department of State, 

Washington, April 3, 18G2. 

Sir: Your very interesting despatch of February 28 has been received.. 
You have already been informed that the Senate advised the President advcrsel}^ 
to the projected treaty with Mexico, in both of the forms in which it was sub- 
mitted to them. Under these circumstances the President is unabled to suggest 
to you any other mode for contributing to the deliverance of our sister republic 
from the embarrassments by which she is surrounded which would be accept- 
able to the Senate. 

The House of Representatives has called for the papers relating to the case, 
and Ave may perhaps find some plan for rendering assistance not incompatible 
Avith the rights of other parties in the debates Avhich the report from this depart- 
ment may elicit. 

Meantime I desire to direct your most earnest attention to the necessity of 
guarding, if possible, against any such pledge of the resources of Mexico to 
foreign powers as might affect our cause injuriously, or impair the ability of the 
people of Mexico to sustain the free government established by their OAvn 
choice. 

You will not leave the government of Mexico in doubt for a moment that the 
government and people of the United States are indifferent concerning the perils 
by which they are menaced. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
. Thomas Corwin, Esq., b^c, S^x., i^r. 



52 



THE PRESENT CONDITION OF MEXICO. 



Mr. Romero to Mr. Seward. 

[Translation.] 

Mexican Legation in the United States of America, 

WasMvgton, Septemher 21, 1861. 

Mr. Secretary : I have tlie honor to transmit to yon the copies, which are 
mentioned in the enclosed index, of the dociiments to which I referred in the 
conference with which you favored me this morning, and in those held on pre- 
vious days, relative to the attitude that the ministers of France and England, 
residino- in Mexico, and their respective governments have taken towards that 
republic. 

I avail myself of this opportunity to renew to you, sn-, the assin-ances ot my 
verv distinguished consideration. 

^ ^ M. ROMERO. 

Hon. William H. Seward, ^r., ^c, ^r. 



[Translation.] 
MEXICAN LEGATION IN THE UNITED STATES OF AMERICA. 

Index of the documcyits whicli, on ihis date, this legation transmits to the Depart- 
ment of State of the United States in regard to the susp)ension of relations by 
the French and English ministers residing in Mexico with the government of 
that republic. 



No. 



From whom and to whom. 



Date. 



Contents. 



11 



1 Mr. Zamacona to Mr. Eomero . 

2 I Mr. Zamacona to Mr. Kuente.. 

3 i 



Sir Chas. Wyke to Mr. Zamacona. 



Mr. de Saligny to Mr Zimacona. 
Mr. Zxmacona to Sir C. Wyke and 

to Mr. de Saligny. 
Mr. Zimacona to Mr. de Saligny. 

Mr. Zamacona to Sir C. Wyke — 



10 ! Sir C. Wyke to Mr. Zamacona . . 



Same to same. 



1861 
July 
...do 
July 


29 
17 


July 


IS 


July 


19 


July 
July 


20 
21 


-...do 





....do 


.... 


July 


22 


July 


23 



Instructions. 
Do. 

Law of t^uspension of payments. — (See 
British Parliamentary Document.) 

Circular explanation of said law, con- 
taining the programme of the new 
cabinet. 

Asking if the law was authentic which 
had appeared in the newspapers. — 
(See British Parliamentary Docu- 
ment.) 

Do. do. 

Enclosing copy of the law, and ex- 
plaining its contents. 

In reply to tin; note as to whether the 
law was authentic. 

In riply to the note as to whether the 
law was authentic — (See British 
Parliamentary Document.) 

In reply to note No. 9.— (See British 
Parliamentary Document.) 

Asking the repeal of the law of the 
17th of July within 48 hours. — 
(See British Parliamentary Docu- 
ment.) 



THE PRESENT CONDITION OF MEXICO. 
Index of documents — Continued. 



53 



No. 


From whom and to whom. 


Date. 


Contents. 






1861. 




12 


Mr. de Sah'gny to Mr. Zamacona. 


July 23 


In reply to note No 7. 


13 


Same to same 


July 24 


Asking the repeal of the law within 
24 hours. 








14 


Mr. Zamacona to Mr. de Siligny. 


July 25 


Saying that only the congress can 
repeal the law. 


15 


Mr. Zamacona to Sir C. Wyke... 


....do... 


Saying that only the congress can 
repeal the law. — (See British Par- 
liamentary Document ) 


16 


Mr. de Saligny to Mr. Zamacona. 


....do.... 


Cutting oflf relations. 


17 


Mr. Zamacona to Mr. de Saligny . 


do 


In reply to No. 16. 


18 


Sir C. Wyke to Mr. Zamacona.. . 


....do... 


Suspending relations — (See British 
Parliamentary Document.) 


19 


Mr Zamacona to Sir C. Wyke 


-...do.... 


In reply to No 18 —(See British Par- 
liamentary Document.) 


20 


Sir C. Wyke to Mr. Zamacona 


July 26 


In reply to No. 19.— (See British Par- 
liamentary Document.) 


21 


Mr. Zamacona to Sir C. Wyke... 


July 27 


In reply to No. 20. — (See British Par- 
liamentary Document ) 


22 


Mr. de Saligny to Mr. Zamacona. 


July 26 


In reply to Nos. 14 and 17. 


23 


Mr. Zamacona to Mr. de Saligny. 


July 27 


In reply to No. 22. 


24 


Mr. Zimacona to Mr. Romero 


Aug. 29 


Instructions. 


25 


Mr. Zamacona to Mr. Fuente 


....do...- 


Do. 


26 


Mr. Fuente to Mr. Romero 


Scpt. 5 


Informing him of the determination 
of the French government. 


27 


Mr. Fuente to Mr. Zamacona 


Sept. 4 Interview with Mr. de Thouvenel. 


28 


Mr. Fuente to Mr. Thouvenel -.. 


do . . . Suspending relations. 


\Yj> 


lShington, September 21, 1861. 





No. 1. 

[Translation Extract.] 

MEXICAN REPUBLIC, MINISTRY OF FOREIGN RELATIONS. 

No. 32.] National Palace, Mexico, July 29, 1861. 

The copy which I enclose to you of the instructions that on this date are 
transmitted to the plenipotentiary of the republic at Paris will acquaint you 
with the present state of the diplomatic relations of this government with the 
representatives of France and England. You will notice that these instructions 
have principally two objects : to rectify the inexact reports which the two func- 
tionaries mentioned will make to their governments in regard to the political 
situation of Mexico and the character of the measures recently adopted, and to 
facilitate the success of the labors which will be undertaken by our representa- 
tive at Paris, so that they may be seconded by the diplomacy of friendly nations. 
For a favorable result to these two objects your services may be very useful in 
your sphere of action, since there are within it springs which may be applied to 
the prosperous termination of our efforts in Europe; and there are also means 
by which the question to which the decree of the 17th instant has given rise 
may not be rendered unnatural to the view of friendly nations. Some docu- 
ments accompany this note, whose publicity in the country where you are would 
be very proper, and a copy of the correspondence which this department has 
lately had with the English and French legations also accompanies it. Although 



54 THE PRESENT CONDITION Oi" MEXICO. 

a copy of this con-espondence has been funiished to Mr. Corwin, and I suppose 
that he will transmit it to his government, it would be proper for you to procure 
a conference with the Secretary of State, and to give him an idea of the diplo- 
matic question which has just arisen in Mexico, by showing him the documents 

in relation thereto and making to him the appropriate explanations, * * 

********** 

In addition to which, it is excusable to recommend to you to cultivate with 
care the sympathies of the government near which you reside, and to strengthen 
in it a conviction in regard to the similarity of interests which, in questions Avith 
the powers of Europe, binds Mexico and the United States to each other. 

********** 

I reiterate to you the assixrances of my respectful consideration. 

MAKUEL M. DE ZAMACONA. 

The Charge d'Affairs of the Mexican Republic, 

at Washington. 

Washington, September 21, 1S61. 

A true copy. 

ROMERO. 



No. 2. 

[Translation. — Extract ] 

MEXICAN REPUBLIC, MINISTRY OF FOREIGN RELATIONS. 

Instructions addressed to his excellency SeT/or Don Juan Antonio de la Fuente, 
minister plenijiotentiary of Mexico at Paris. 

The decree of the 17th of July and the circular accompanying these instruc- 
tions will acquaint Mr. Fuente with the measures by which the new ministry 
formed on the 13th of the same month has deemed it its duty to begin the 
administrative reorganization of the republic. The necessity for temporarily 
suspending payments, and for giving unity and regularity to the national debt, 
has been felt not only by the government, but by the whole country ; and hence 
it happened that the idea which lu.d been broached at the time that the govern- 
ment resided at Vera Cruz was proposed at the beginning of the year by the 
press of the capital, and was recognized as so proper that several writers dis- 
puted with each other as to the originality of the proposition. "While this was 
going on in the discussions of the press, Mr. de Saligny confidentially began 
them with the minister of relations by offering him, although in exchange for 
important condescensions, to afford to the republic not only a truce for the pay- 
ment, but even a relief as regarded the most important of the debts due to 
France. 

The great extremities in which the government has found itself, through the 
necessity of undertaking a campaign on a grand scale against the reaction, liave 
compelled it to reflect on all the means suitable for affording it resources ; and, 
as one of them, it proposed in the congress, at the close of May, the suspension 
of all payments, inchuling that ai-ising from diplomatic conventions. The 
chamber recoiled at tliat time from the idea of interrupting the fulfilment of 
international compacts, and only voted for the suspension of other ordinary pay- 
ments, and ample authority to the government to provide resources for itself. 

The public situation at that period had rendered this very difficult. The 



THE PEESENT CONDITION OF MEXICO. 56 

reactionary bands, concentrated under the command of Marqnez, had gathered 
in the valley and state of Mexico, and the pnblic mistrust and the paralyzation 
of all business concerns rendered very difficult to the government ex})edients 
for obtaining resources. There was, therefore, no other salvation for society and 
public order but by employing its authority in extreme and hateful measures, 
which extended to the imprisonment of the leading capitalists, for the purpose 
of compelling them to make heavy exhibits. The reaction, meanwhile, braced 
up by some small triumphs, threatened at a short distance even the capital of 
the republic, whose suburbs somo of its small lurking bands succeeded in pene- 
trating. 

The government, of its own impulse, and on account of public opinion, which 
was strongly excited, had to put in motion numerous forces in pursuit of the 
rebels, and to oi-g luize the national guard of the district, in order to take into 
the field the garrisons of regular troops. The costly expenses of equipping and 
setting in motion the forces, and of arming the national guard, absorbed enor- 
mous sums, and this at a time when the ordinary resources of the government 
were uncollectible, and the chief part of them absorbed by the appropriations 
for the payment of the foreign debt. The character of the political situation 
rendered unavailable, also, the revenues from nationalization, the amount of 
which is in proportion to the probabilities of consolidation which are offered by 
the reform. 

The enemies of this government, meanwhile, do not confine themselves to de- 
vastating the richest and most populous districts of the republic, while organized 
into numerous movable bands, but bring into play very ramified machinations, 
one of which is to involve in their influences the diplomatic repi'csentatives. 
This was very easy with respect to the one from the French empire, who, hav- 
ing inherited the relations of Mr. Gabriac, keeping in his own house several 
personages of the reaction, and interested, as is asserted, in the success of some 
of the business engagements entered into with the usurpers of the public au- 
thority, had many points of contact and many affinities with the persons Avho 
personified at the capital the retrograde principle. Hence it has happened that 
within the last few months all the embarrassments which ill will could suggest 
have been stirred up against the government, and that the attempt has been 
successful in having his views innocently seconded by the minister of England, 
who, although without any sxifficieut ca\isc, is fouiul involved in a political at- 
mosphere rather uncongenial to the principles which this government is develop- 
ing. In order to render the minister of England an histrument to the views of 
]\[r. Saligny and of the reactionary party, it has been sufficient to strongly im- 
bue him with prejudices in regard to what is called the anarchical character of 
the progresista party, and to the propriety of a system of compromise which 
he thinks suitable for giving stability to liberal institutions. Seeing the policy 
of Mexico through the deceitful prism of the society which forms around the two 
diplomatists an exceptional and eccentric minority, both predict the inevitable 
advent of a neutral party, which in reality does not exist in the republic ; and 
not seeing beyond the capital, they do not take into account the interests which 
the reform has established over the whole surface of the nation, nor the tenacity 
of the states in maintaining certain principles, nor the promptitude with which 
they unite and harmonize when they believe these principles to be attacked. 

Be this as it may, under the inspiration of that erroneous policy and of the 
interests before mentioned, the two ministers referred to have maintained within 
the last two months an attitude rather unfriendly towards the government, and 
their bad disposition has even had the effect to defeat an arrangement which had 
recently been made with the parties interested in the English and French con- 
ventions, by appropriating to them the revenues from nationalization. 

At the middle of this month the situation of the government had become 
exceedingly difficult. Its exertions to place considerable forces in the field had 



56 THE PRESENT CONDITION OF MEXICO. 

exliausted its resources. A long ministerial crisis, wliich kept the cabinet in- 
complete, rendered languid tlie action of the government. The pressure of the 
public spirit and of the congress, which demanded, not without reason, move- 
ment and activity, was very strong ; and the president, in conjunction with the 
members with whom he completed at last his ministry, comprehended that the 
time had arrived for setting about the administrative reform with firnmess and 
resolution, as the only means of re-establishing the prestige of the revolution, 
and of providing the government with the elements necessary for restormg to 
the country the peace and security which it has so long needed. 

Under the influence of this determination, a proposition, expressed, with very 
little variation, in the same terms as the decree of the 17th, annexed to these 
instructions, was drawn up and presented to the congress on the same day 
(July 13) on which the cabinet was completed. Before the proposition was 
perfected there was no failure to discuss the propriety of preparing for the sus- 
pension of payments on diplomatic ground. But two considerations inclined 
opinions to the opposite extreme. In the first place, the recent conduct 
of the ministers, most especially that of Mr. Saligny, led to the presiamptiou 
that, instead of condescension and prudence on their part, there would be 
rc'sistance and impediments, created purposely, and that, in case of the measure 
having finally to be carried into effect, they might give to it a most aggressive 
and shameful character. On the other hand, the circumstances in which the 
government Avas found on the 13th day of July were extreme. The resources 
with which it had fitted out General Gonzalez Ortega for the field — thanks to 
forced exactions imposed on many capitalists — gave out on the loth day of the 
same month, and the troops of the government, who pursued the reactionary 
masses in their course to the south, would have had at least to remain immova- 
ble, and to abandon Ouernavaca and the neighboring towns, no less than the 
federal district and State of Mexico, to the depredations and atrocities of the 
rebels. The subsidies obtained by force and by imprisonment could no longer 
be depended on ; and the government had no other reliance for preventing the 
catastrophies and anarchy which were threatening the most interesting portion 
of the republic tlian the funds existing in Mexico and in Vera Cruz, intended 
for the payment of the foreign debt. A momentary seizure of them would have 
produced a like alarm, and would leave the government in the same complica- 
tions, and deprive it of the excuse which is afltbrded it by the purpose deter- 
mined on of attacking the radical arrangement of the trcasur}' and of the public 
debt. The government believed that it ought not to lose a moment in proceed- 
ing to that reform Avhicli was the complement of all the others, and that the 
idea of putting order in the administration, and of re-establishing legal bounda- 
ries between the financial powers of the confederacy and of the Stati'S, had 
arrived at such a seasonable juncture that it should not delay one mmnent in 
carrying it into practical operation. The government was not deceived. The 
national representation — a faithful expression of all liberal shades of opinion — 
c irrii-d the proposition of the executive by a vote of one hundred and two 
against four. The government had resources ; it was able to jjrovide General 
(jrtega with them, and to reduce the rebels to the extreme condition in wliich 
they are now placed at the south, dwindled down to an insignificant number, 
and surrounded by the constitutional forces in a district wliich is hostile to 
them, and where it is probable they will be brought to an end b}- desertion 
and the want of resources. The government has been enabled to breathe, and 
to devote itself immediately to the arrangement of the oflices and to the forma- 
tion of the estimates, which will be published next week. 

The present minister of relations, immediately after going into the cabinet, 
entered into frank and confidential relations with all the diplomatic repn'senta- 
tives, especially with those of France and England, but without speaking to 
them concerning the proj)osition which was under discussion in the cougn-ss, 
although it was a public matter. As soon as the decree was communicated by 



THE PRESENT CONDITION OF MEXICO. 57 

the department of tlie treasury to the department of relations, the minister of 
this department proceeded to have a confidential talk with Messrs. Wyke and 
Saligny before communicating to them by official letter the suspension of pay- 
ments which had been decreed. The minister of relations reached the English 
legation at the moment in which Mr. Wyke had just sent him a communication 
expressing surprise that the decree should have been promulgated without giving 
Jiim previous notice. In regard to Mr. de Saligny, the minister of relations 
found him shut up, and preparing, probably, the communication which he soon 
afterwards addressed to him, to the same effect. By means first of a visiting 
card, and then of a brief note, the minister of state made known to Mr. de 
Saligny that he desired to have a private conference with him before communi- 
cating to him officially the decree in regard to the suspension of payments. 
This conference took place on the following day after Mr. de Saligny had on 
the evening previous sent an official expression of surprise in the same terms as 
that which had been sent by the English minister. In the conference with the 
minister of France, he began by laying down, as a question preliminary to all 
others, the delivery, which he had claimed for some days back, of the funds 
proceeding from the Penaud convention, which had been deposited in the de- 
pository of the provident fund. The correspondence relative to this affair, 
copies of which are transmitted to Mr. Fuente, will sufficiently enlighten him 
on the matter; but it should be added that Mr. de Saligny, feigning not to un- 
derstand the true reasons which have prevented the delivery of that fund, 
claims it by alleging a verbal promise which he says was made to him by the 
minister, Mr. Guzman, and even by Mr. Juarez, and by attaching importance 
to an order which he asserts that he obtained from Mr. Zarco. Mr. Guzman 
and Mr. Juarez deny having ever made such a promise, and they protest that 
they merely promised the replacement in the depository of the provident iimd 
of the Penaud money, which on a day of urgency had been temporarily with- 
drawn. As to the order of Mr. Zarco, there is no evidence of it in the depart- 
ment, and the present secretary of relations promised Mr. Saligny that, in case 
that order should be shown, the funds which he claimed would be delivered to 
him, and would not be included in the suspended payments. 

This took place at the conference Avhich has been referred to, between the 
minister of relations and Mr. de Saligny, before the suspension was communi- 
cated officially to the latter, and the French minister left it to be understood in 
that conference that, on this preliminary question being adjusted, it would not 
be impossible to enter into colloquy in regard to the other points respecting the 
debt to France, and repeated the intimations which he had already given to Mr. 
Zarco, in regard to the need of Mexico for a breathing spell in order to pay her 
debt, and to the strong disposition which he, Mr. Saligny, had previously had to 
second the government in this respect. 

The day on Avhich this conference took place was a holiday, and on the 
following day there was a discussion in the government relative to the delivery 
of the Penaud fund, it being taken for granted that the decree in regard to the 
suspension of payments had already been communicated to the English and 
French legations on the preceding evening. When the secretary of relations 
was preparing to make known to the minister of France the terms on which the 
delivery of the thirty-nine thousand dollars proceeding from the Penaud con- 
vention could be arranged, the insulting and threatening reply of Mr. de Saligny 
to the first note which the department of relations had addressed to him was 
received, and the character of that reply at once rendered all cordial understand- 
ing impossible. That reply was followed by others which Mr. Fuente wiU find 
in the correspondence, of which a copy is transmitted to him, and which ter- 
minated in the suspension of official relations between the two legations and the 
government, and in the exchange of private notes, of which copies are also 
transmitted. 



58 THE PRESENT CONDITION OF MEXICO. 

In this correspondence 'Mr. Fiiente will find disclosed the principles which 
justify the conduct of the government as regards the suspension of the diplomatic 
conventions. It not having been possible to adjust this question in a reasonable 
way Avitli the representatives of France and England in Mexico, the direct efforts 
which are being made for this purpose near the governments of those two coun- 
tries assume a great importance ; and the government of Mexico, on seeing this 
necessity spring up, has had occasion to congratulate itself on the suitable choice 
which it has made, of Mr, Fuente, to represent it m France at a juncture like 
the present, when so much is expected of his proverbial patriotism and intelli- 
gence. 

The government, being in need of a representative at London, and it not 
being possible for it to send one with the promptitude which this case demands, 
has gone so far as to expect from the condescension of !Mi-. Fuente that, in 
addition to his present important functions, he will accept those of envoy extra- 
ordinary and minister plenipotentiary ad interim at London, especially acci'edited 
for the adjustment of the question to which the decree of the 17th of July has 
given rise. The government earnestly desires that Mr. Fuente may be able to 
make the personal fulfilment of this trust compatible with the duties Avhich he 
is discharging at Paris, and which now have an important application to the 
efforts that the suspension of payment under the French convention renders 
necessary near the government of the Emperor. * * * * 

* * * * ****** 

The preliminaries relative to what is personal in the matter being thus arranged, 
the following suggestions in regard to the steps which are i-endered necessary 
in France and England, in the present state of the relations of Alexico with 
those two countries, have been deemed appropriate. 

First of all, it is important to modify the impression which may be made on 
the governments of England and France by the adulterated reports that their 
legations will transmit by this packet. In regard to this matter, the English 
and French ministers, but more especially the latter, besides picturing to their 
governments the suspension of payments in the hues of an actual S})oliation, 
will endeavor to misrepresent the other provisions of order and economy -which 
are contained in the decree of the 17th of July, and to Aveaken the coniidence 
which the new system might inspire with respect to the Mexican government. 

The two ministers, whose estimates in regard to the condition of the country 
are singularly inaccurate, will assuredly say to their governments, for they say 
so even here, that the liberal party in JMexico is incapable of governing and 
administering the republic ; that there are symptoms of dissolution in the 
existing government ; and that the early advent of some entity which shall 
p(!rsonify compromise and the principle of order is inevitable. To Mi*. Fuente, 
who fortunately knows so well the policy of Mexico, it is not necessary to 
point out how artificial, unsubstantial, and impracticable is this policy of com- 
promise which Avas imposed by the coup d'etat of 1857 and the events of 
Christmas, 1858, nor to say that the interests which have been created by the 
reform and the asi)irations of the states which maintained the revolution for 
three years and made it triumph over colossal resistance form au insuperable 
obstacle to its development. 

They will likewise exaggerate the extortions and atrocities of which they 
may imagine the foreign residents in Mexico to be victims. Mr. Fuente must 
knoM' that tlie government has hastened to afford re])aration for damages which 
may have been occasioned to a ^q\v foreigners by the seizures of property for 
public use AV'hich have takim place during the late period ; and tliat the assassi- 
nation of Mr. Beale, an English subji'ct, wliich oeeufred at Napoles, and what a 
few foreigners m;iy have suffered in tlu'ir pi'rsons, are the work of the reaction, 
whicli atrocities the government is very anxious to put an end to, in providing 
itself with the necessary means of action. 



THE PRESENT CONDITION OF MEXICO. 59 

Mr. Fuente will try to correct the exaggerated idea which will not fail to be 
transmitted to Europe in regard to what is called the squandering of the national 
estates. Mr. Fuente is very well aware of the depreciation which these have 
suflered during the three years of the revolution ; the considerable portion of the 
debt which, agreeably to law, has been extinguished Avith them ; the deductions 
which it has been requisite to make in order to obtain some redemptions for 
cash, and which in the federal district alone and in tAvo other dioceses amounted 
to ten millions of dollars ; and the existing rates for the payment of the public 
debt contained in the new decree. If Mr. Fuente deems it opportune, he can 
call attention to the circumstance that the men who have called loudest in the 
press for purity in operations of nationalization are exactly those who now form 
part of the ministry, and can remark that to obstruct now their reparatory action 
would be equivalent to obstructing the correction of the abuse in the name of 
the abuse itself. The representative of Mexico should bear in mind that the 
French residents in the republic are those who have gathered the best fruits of 
nationalization, and that at this time, beginning Avith some of the rich bankers 
of the capital, they deplore the conduct of the French minister, and are even 
talking of drawing up a representation against him if the complications which 
he is exciting on purpose are increased. 

It should not be forgotten that, in order to have him do this, Mr. de Saligny 
is moved by the influences of the clerical party, some of Avhose members are yet 
sheltered in the French legation, and keep up a regular correspondence Avith 
Marquez and other leading rebels. 

It is of great importance that a correct idea should be formed in Europe of 
what the reaction in Mexico is, of its absolute want of political tendency, and 
of the hateful excesses to Avhich it has abandoned itself, among Avhich figure a 
series of assassinations that, though committed on obscure persons, are not less 
odious than that of Mr. Ocampo. 

It would conduce also to the object of these instructions if the position in 
which this government was placed at the middle of this month were avcU under- 
stood, and how its purpose to provide means of action under every eA'ent has 
been the salvation of the capital and of the neighboring States, threatened Avith 
an inundation in which nobody Avould have suffered so much as the foreigners, 
who are the especial object of hatred to the clerical party. 

No more than justice will be done to the goA-ernment ; but it is A'ery impoiiant 
that it should be done, if the sovereigns of Europe are » convinced of the firm 
and decided purpose AA'hich animates the present administration of the republic 
to shun the iuA^eterate abuses Avhich haA-e rendered political revolutions in Mexico 
barren. It is important to place strongly in relief the spirit of order and morality 
Avhich preceded the promulgation of the decree of the 17lh, as well as to vindi- 
cate the decree against those Avho ascribe to it despoiling tendencies. It is very 
proper to call attention to the character of the institution created under the name 
of the Treasury Board. In the appointment of its members (the approA^al of 
whom is pending in the congress) the goA^ernment has disregarded political 
shades, and has only sought integrity and business talent. In the hands of this 
board the revenues of nationalization will not be barren; and since among them 
there are many bills which have reached maturity, and capitals of chaplaincies 
which will mature in a short time, the susj)ension of payments may be nominal 
for foreign creditors, and if they second the exertions of the board they may 
begin to make early collections of much importance. It would be well to let 
those Avho are interested in the debt, and their respectiA^e governments, under- 
stand that the government of Mexico is not blindly smitten Avith the idea AA^hich 
perA-adcs the decree of the 17th, and that it Avill accept any other that is com- 
patible Avitli its vicAvs of order and general adaptation, and AAdth its need of re- 
sources for the pacification of the country. In discussing the means of provi- 
ding them, the idea may have evolved from the necessity under which the gov- 



60 THE PRESENT CONDITION OF MEXICO. 

emmetit found itself of increasing the duties of importation in case the revenue 
from maritime customs continued to be appropriated for the public debt, making 
the most of the contrary measure -which the government has adopted in its lib- 
eral amendment to the tariff, and which it is going to submit for the approval of 
the congress. 

As the English and French legations have no confidence in its justice at the 
bottom of the question, it is not strange that they should be anxious to present 
it in the light of an outrage on France and England to publish the decree with- 
out any previous notice. Mr. Fuento's intelligence is too great to render it re- 
quisite to insist on the necessity which has existed on one part to act thus, and 
on the right, on the other, which every debtor has to declare, Avithout the pre- 
vious consent of his creditor, the simple fiict that he suspends his payments for 
want of ability to make them, designating at the same time certain guarantees 
of security. In regard to this it will not be useless to repeat to Mr. Fuente 
that every step of the government and every private conference which has taken 
place in the matter has been marked by the same moderation and forbearance as 
are to be observed in the Avritten correspondence. The foregoing directions are 
applicable to. the question, as well in its relations to the government of England 
as in those to the government of France ; but there are some duties to be per- 
formed by you which have a respective fitness for each of these two countries. 
In England, besides correcting the erroneous ideas which may be conveyed by 
Sir Charles Wyke in regard to the condition of Mexico and to the future and 
tendencies of the present govei'ument, it would be very proper to present the 
qiTCStion in its true light to the view of the bondholders and English merchants. 
The attention of the former might be called to the great inequality existing be- 
tween the parties interested in the English convention and the bondholders by 
exhibiting the prospect that a general adjustment of the public debt could not 
but remedy to some extent this inequality. It would not be impossible to imbiie 
the minds of the holders of Mexican bonds with the idea that the prosperity of 
this republic and the consolidation of its government are intimately allied with 

their interests. 

******* 

As to what relates to France, it would be very proper to render CAddent the 
paltriness of the remainder to which the French convention is reduced, this 
being the only acknowledged and liquidated debt, as the Penaud agreement re- 
lates in great part to claims whose amount has not yet been fixed ; and the con- 
vention recently made with Mr. Zarco has not even been approA'ed by the con- 
gress. It may contribute much towards counteracting the ill offices of Mr. 
Saligny to represent them as the continuation of jMr. Gabriac's system and as 
pai't of an intrigue, with the design that a diplomatic complication may bring 
matters to the recognition of the shameful Jccker business. In this there is an 
interested effort in behalf of an individual, who is not even a Frenchman, con- 
trary to the real interests of others who are subjects of the empire, creditors of 
Mexico, and settled in this country. 

For the completion of these instructions an idea must be given to Mr. Fuente 
of the political situation in which this country is placed at the present time. 

******* 

The reaction is represented in the bands of suspicious persons whom Mojia 
yet keeps in his hiding places in the mountain, and in those led by 3Iarquez, 
who i? still surrounded by the forces of the government, with the commanders 
of which some of the rebel chieftains have bi'gun to enter into under.-^tand- 
ing. Some other parties, which a]q)ear here and there, are nothing more than 
bandits, who will come to an end now, when the goverinnent, provided Avith 
resources, can organize a pursuit of malefactors. The n-action, as a political 
tendency, is not very perceptible, and it is even suspected that it has been trans- 



THE PRESENT CONDITION OF MEXICO. 61 

formed by invoking principles less equivocal and names less hateful tlian those 
of Marquez and Zuloaga, ***** 

While the forces of the government are intimidating or pursuing the reaction, 
the ministry, iu permanent council, is occupied with the administrative details, 
to which the decree of the 17th and the circular that accompanies it have re- 

jo+ii^ll "ttT tt tP tt tp tt 

MANUEL MA. DE ZAMACONA. 

Mexico, JuI^/ 29, 1861. 
A true copy. 

LUCAS DE PALAOIO Y MAGAROLA. 

Washington, Sieptemher 21, 1861. 
A true copy. 

ROMERO. 



No. 3. 

[Translation ] 

Decree. 

The citizen Benito Juarez, constitutional president of the United Mexican 
States to the inhabitants, know ye : That the sovereign congress of the union 
has deemed it well to address me the following decree : 

Article 1. From the date of this law, the government of the union will 
recover the complete product of the federal revenues, deducting from them only 
the expenses of the administration of collecting, and all payments are suspended 
for two years, including the assignments for the loan made iii London and for 
the foreign conventions. 

Art. 2. The maritime custom-houses and all the other collecting offices of 
the federal revenues will surrender all their products into the general treasviry, 
being exclusively subject to the orders of the ministry of finances. On the loth 
and on the last day of each month, they will forward to the ministry a state- 
ment of their receipts and disbursements. 

Art. 3. Within the term of one month, the government will form and publish 
an economical estimate of all public expenses, based on the estimate of the 31st 
December, 1855, conveniently reduced. The government is to subject itself to 
this economical estimate from the day of its publication, and congress only has 
the faculty of making changes afterwards. 

Art. 4. The payments in this estimate are to be made in the following man- 
ner : 

1. The armed force in campaign and in garrison; the material of war; the 
invalids and disabled soldiers. These payments are to be made complete, but 
no surplus can be admitted. 

2. The civil list in active service, and the military list not in service. These 
payments, if vxnder $300, are to be made complete; if above $300, they are to 
be made in strict and equal proportion. 

3. The classes pensioned by the nation are to be paid in strict and equal pro- 
portion, if the classes above mentioned have been paid before, as is ordered by 
the decree. 

Art. 5. If an order, not included in the estimates, is sent to the general 
treasury by government, an observation must be made by a communication of 
the government; if repeated, the treasurer is to communicate it immediately to 



62 THE PEESEXT COXDITIOX OF MEXICO. 

congress. If the treasurer does not make tlie observations here mentioned, he 
is to be destituted immediately. 

Art. 6. A superior committee of hacienda is institiited, compose! of one 
president and four members named b j government, Avith the sanction of congress. 
Two of them, at least, must be creditors of the nation. 

Art. 7. The attributes of the junta ai'e the following : 

1. To pay the loan made in London and the foreign conventions. 

2. To pay the creditors not comprised in the law of the 30th No-^'ember, 1850. 

3. To pay legal and posterior credits against the nation up to the 30th June 
of this year, including those comprised in the law of the 17th December, 1860. 

4. To receive the payment of Avhat is due to the nation, if it be unknown to 
the collecting offices. 

5. To administer and sell the nationalized clergy property, and to execute all 
the attributes of the law of disamortization and nationalization. 

6. To make arrangements, Avith the sanction of government, with all the per- 
sons interested in, or that have any business relative to, nationalized property. 

7. To distribute all the funds collected amongst the creditors of the nation. 
The product of the suppressed convents is to be applied to the creditors of the 
conducta of Laguna Seca, and after covering the estimates of the nunneries, the 
remainder is to be distributed to the creditors in the foreign conventions. 

Art. 8. In order that the junta may be able to fill the attributes conferred 
upon it by government, the following is assigned to it : 

All the " pagartis " existing in the special disamortization office; the product 
of all pending redemption; the capitals not redeemed belonging to the nation, 
the buildings of the suppressed convents, the lands, and ail existing materials. 
In the States and territories all the lands, convents, and buildings comprised in 
the law of nationalization, and all the products, except the 20 per cent, belonging 
to the same States and territories. The buildings and capitals expressly ex- 
cepted by government are not comprised in this article. 

Art. 9. All this property will form a fund distinct of public credit ; the em- 
ployers in the district, the chiefs ("gefes superiores") of the finance department 
in the States and territories are to forward immediately to the junta the titles, 
deeds, notices, and corresponding documents. 

Art. 10. In the special law published for the conA'ersion of public debt, the 
part to be delivered by the States is to be fixed and regulated. 

Art. 11. The government is authorized to publish a decree taxing tobacco; 
this tax is to be collected for the federal treasury in all the republic. 

Art. 12. The government is authorized to increase, during the remaining 
months of this year, the alcabala of one-half per cent, more on national pro- 
ducts, excepting the articles of agricultural and manufacturing industry specified 
in the decree of the 24th September, 1855. 

Art. 13. The duty of " contra-registro " on foreign goods is increased to 
double in the district ; this increase is to be paid as long as the government may 
deem it necessary to fulfil the object of the following article. 

Art. 14. With the new product of the acabala, the "contra-registro" and 
the tax imposed upon tobacco, the government Avill pay Avith preference all the 
debts contracted from the 29th of last May, and all those that it may contract 
for the re-establishment of public tranquillity, leaving extant all the orders that 
have been given on account of " refacciones " for the payment of the money 
taken in Laguna Seca. 

Art. 15. The governors of States, and the employes of the collecting de- 
partment, haA'e no intervention AvhateA'cr in the federal revenues. 

Art. 1G. The government is authorized to reform and organize Avithin one 



THE PRESENT CONDITION OF MEXICO. 63 

month all the offices on snch a base that their estimates be reduced, and is 

authorized to increase the salaries of some employi's, and to reduce their number. 

Given in the sessions hall of the congress of the union on the 17th of July, 1861. 

GABINO BUSTAMA:NTE, Deimty President. 

FRANCISCO CENDEJAS, Secretary. 

E. KOBLES GIL, Deputy Secretary. 

For which I order that it be printed, published, circulated, and given due 
respect. 

Given in the national palace in Mexico, the 17th July, 1861. 

BENITO JUAREZ. 



No. 4. 

[Translation.] 

Secretaryship of State 
A\D OF THE Office of ForeigiV Relations, 

Mexico, July 18, 1861. 

Most Excellent Sir : The persons whom the most excellent the president 
of the republic has honored by calling them to form his present cabinet esteem, 
as is just, this mark of confidence ; but they comprehend that they need besides 
that of the nation, in order to labor Avith a probability of success in the dcA'elop- 
ment of reform, in the arrangement of public administration, and in the pacifica- 
tion of the country ; and they wish, therefore, that their practical views for 
obtaining these results may have the greatest publicity. 

Neither the most excellent the president nor his ministers deceive themselves 
in regard to the public situation ; but, on the contrary, they believe that the 
liold purpose of confronting it in all its difficulties is the chief title which they 
can present to the sympathy of the nation. In order to form this purpose, the 
present ministers have had an example in the serene and fervent faith of the 
chief magistrate of the republic in the future of Mexico, and an incentive in the 
conviction which they entertain that there are not Avanting in the coTintry 
elements to raise it from its present prostration, and that it only needs the work 
of organization which accidental circumstances had hitherto rendered impossible 
for the government. The present one has now a very fii-m will to undertake 
it ; and, seconded, as it doubtless will be, by the good sense of the country and 
by the kindness of friendly nations, it expects finally to overcome the obstacles 
which have heretofore prevented administration from being organized and con- 
solidated in Mexico, and the fruits of political revolutions from being Avitnessed. 
The confidence, therefore, and hope of the government to control the present 
situation is not alone based on the firmness of its purposes, biit on the acknowl- 
edged patriotism of the representatives of the nation, and on the prudence of 
Mexicans and of foreigners Avho have linked their interests with the fate of the 
republic. The new cabinet, in laying down the ideas which are to serve as a 
rule for their administrative movement, cannot lay claim to the merit of 
originality, nor do anything else than give official form to the instinct of reor- 
ganization, morality and economy Avhich for some time past has been developing 
itself among the majority of Mexicans. In vain have the people washed Avith 
their blood all the political principles ; in vain haA^e they sought from them 
fruits of prosperity and welfare ; in vain haA^e they just effected a great revolu- 
tion Avhicli shall in the future be an escutcheon of pride for Mexico as honorable 
as that of her independence. The instinct of the nation, enlightened by decep- 
tions and frustrated hopes, has comprehended that rcA'olutions Avill be barren, 
and that the elements conquered on political and social ground Avill afford no 
fruit unless the Avork be croAvned AA^th administratiA^e rcA'olution. The reform 



64 TEE PRESENT CONDITION OF MEXICO. 

•wMcli the Mexican people have proclaimed and put in practice leads to the con- 
quest of great material and moral measures for the public prosperity; but the 
revolutionary and reformatory labor has still to enter its last and final, its 
organic period, in which the great Mexican revolution will yield fruit to the 
country, to civilization, and to mankind. 

The revolution must now assume a new phase; it is no longer characterized 
by the antagonism of two political principles. An immense majority of the 
nation is on tlie side of liberty and progress ; and the monuments of t}T."anny 
and fonaticism having disappeared, the reform places its foot on the ground of 
administration. Administrative questions of order, of safety, almost of police, 
are those' which occupy the public mind to the exclusion of others. To ex- 
terminate the reactionary bands whose number is not sufficient to give them 
political character, they themselves not claiming this, and Avho are now reduced 
to bodies of rascally conspirators against the property, honor and lives of the 
citizens ; to reorganize and expedite the administration of justice, in order that 
the law may be inexorably applied to the enemies of the public peace ; to re-es- 
tablish security on the principal routes of communication ; to regulate the postal 
service ; to abolish, as soon as possible, all irregular and vexatious imposts ; to 
give encouragement to all branches of the national prosperity ; and to render 
visible and palpable the revolution which the Mexican people have effected — 
these are the objects which at present ijreoccupy the national mind. ' 

For the attainment of them the treasury question has a special importance. 
Generalized as are opinions and interests throughout the republic in favor of 
liberal reform, it is only requisite to provide the legitimate power, with efficient 
means of repression against certain interests, in a minority, which are opposed 
to the national tendency. The country does not lack those elements of action 
which the government needs, and all that is necessary is to organize them under 
a foreseeing, methodical, and economical administration. 

For this eminently practical Avork the government has not to go back into the 
speculative sphere, nor Avill follow any other inspiration than that of a solicitous 
and honored father of a family, who wishes in good faith to put the domestic 
finances in order. The nation has material and moral elements enough to pre- 
vent its leading a life of anxieties and discredit ; it needs nothing more than 
order, economy, uprightness, to escaj^e from these troubles and disgraces ; and 
the government, in adopting resolutely this system, has no other merit than 
that of takuig for the rule of its future conduct a determination which the blows 
of adversity have commended to the general approval of the nation. 

The new ministry does not believe in the necessity of making a profession of 
political faith, because, in its judgment, the period is beginning to arrive when 
politics is no longer to be the question of the day. Mexico belongs decidedly 
and irrevocably to reform and democracy, and it will be sufficient for the govern- 
ment to declare, although the antecedents of the citizen charged with the execu- 
tive power would excuse him even from this, that it professes all the principles 
of the progresista creed and which are contained in the constitution and in the 
laAVS of reform. This is already a fact, and it has only been necessary that it 
should be drawn from the confusion and elevated to the rank of a solid and 
regulated institution. 

In order that the legitimate power may not descend to the level of the van- 
dalic bands who destroy the republic, it will not contend against them by 
devastating and destroying, but by repairing and organizing. Jt is an eiTor to 
suppose that every attempt at organization ought to be postponed until society 
has no enemies to battle against. The labors of organization arc exactly those 
which will bring about a final triumph over the enemies of society; and only 
the power which succeeds in organizing society will place on a secure basis the 
conquests of the revolution. 

The government, therefore, instead of contending from revolutionist to revo- 
lutionist — instead of adopting robbery and spoliation as o means of action, 



THE PRESENT CONDITION OF MEXICO. 65 

wishes to confine itself to the system of tutelaxy powers which save society 
without harming it. 

The peculiar character of the epoch into which the revolution has entered 
and of the cabinet which has just been organized consists in this, and the gov- 
ernment earnestly desires that this character may be put as much in relief as 
possible in the eyes of the nation. Notwithstanding this, and that the ministry 
professes with faith, with plenitude, and with fervor the principles of reform, 
this will not be fhe only word which it will inscribe on the frontispiece of its 
work, but it will add those of reorganization, order, economy, and morality. 

But it does not write them as they have been so often written in political 
programmes ; it employs them as the outcry of national opinion, which has 
opened a road for itself at last to ofiicial regions ; it utters them not as a mere 
word, but as the echo of an intimate and vehement conviction, not as a promise, 
but as a fact, as a series of measures which from this very day begin to be put 
in practice. If the government succeeds in having the firmness, depth, and 
penetration of its resolutions for creating and moralizing the public administra- 
tion understood from the tone of its voice ; if it succeeds in causing to be per- 
ceived the novelty of this tendency from its dominant and almost exclusive 
character ; if it succeeds in having its labors considered as a powerful effort to 
satisfy the instinct of order and reorganization which has been formed in the 
country under the influence of experience and of misfortunes ; if it obtains that 
in this manifestation may be seen the announcement of the day, long waited for, 
and which must arrive at some time, in which the spirit of economy and repara- 
tion may transform what for a long while has been in our society a chaos in 
which no political principle could fructify, it is certain that the measures with 
which it inaugurates its new march, after the halt which circumstances have 
compelled it to make for a few days, will be considered not as a new revolu- 
tionary convulsion, but as the first sign that matters in Mexico are beginning t« 
be composed and to be placed on a solid basis. 

It has heretofore sufficed that the nation, plunged into a morass, should make 
unusual exertions to get out of it, but succeed only in sinking deeper at every 
step. It is now time that it should seek a firm spot whereon to place its foot, 
so as to gather up all which it has been able to save from the flood, and to 
secure its own interests and those of the foreigners who have confided in its 
integrity. 

The government cannot furnish peace, safety, and progress to the inhabitants 
of the republic, nor observe hereafter scrupulous fidelity in its compacts, if it 
is not allowed to breathe for a moment free from the burdens which have op- 
pressed it, to gather up its resources, and to regulate those sacrifices which it 
has never ceased to make, but which have been barren to the country and its 
ci'editors for want of regularity. Between chaos and administrative reorgani- 
zation, between the revolutionary tempest and the prosperous future which the 
refonn promises to the republic, it is necessary that there should intervene a day 
of reclusion, of review, of classification, in which the country might unite all its 
elements and organize them, in order to apply them immediately to the fulfilment 
of its engagements. This work, far from alarming any legitimate interest, ought 
to inspire faith and to tranquillize everybody, since it is equivalent to placing 
the obligations of the republic on a solid and permanent guarantee, which they, 
have never had. The creditors of Mexico have been living in an edifice with- 
out foundations, and the government now wishes not to dislodge them, but that 
they should leave the place disencumbered for a few days, in order that the 
building may be strengthened, which was threatening ruin. 

This is the meaning and this will be the practical result of the annexed decree, 
which, on the proposition of the ministry, has just been carried by a vote of the 

H. Ex. Doc. 100 5 



QQ THE PEESEXT CONDITION OF MEXICO. 

federal congress. It tends to put in play the means which intelligent opinion 
has for some time past indicated as the only efficacious ones for creating a public 
treasury in Mexico, and for rendering the exertions of the government in re- 
establishing order and peace not unfruitful ; it tends to render impossible here- 
after the abuses which have made barren for the people, properly so called, the 
reforms proclaimed and carried into effect during the late period ; it tends to 
turning to proiit the treasures which yet remain of the national states by apply- 
ing them to the important object of paying off the public debt ; it tends to 
place on the government itself a wholesome restraint by means of the formation 
of a budget which will be the most economical of all which have been prepared ; 
it tends to impose restrictions and conditions on the administrative power, as 
far as reason will permit ; it tends to pass the level of proportionate distribution 
over all citizens whom the nation has to remunerate for any ser-vace ; it tends to 
abolish every preference which is not based on the public convenience ; it tends 
to limit the powers of the states and of the federal government in treasury mat- 
ters by re-establishing the legal bounds which disappeared during the revolu- 
tion, and without which there is no possible order or administration ; and it 
tends, finally, to insure the compensation of the judicial power, Avithout which 
civil guarantees will be ever nominal, and impossible that stern and inexorable 
justice which should be applied to the disturbers of the public jjeace. 

Society, for whom these advantages are in preparation, for which it has hun- 
gered and thirsted for some time, will not complain if, in return, some sacrifice is 
demanded of it. Nor will the susceptibilities of the local authorities be hurt, 
if they are inspired alone by their patriotism, to which the republic appeals 
through the voice of the federal government, and if they consider that this is 
the first Avhich begins by imposing restraints and clogs on itself in order that it 
may be quick only for the welfare of the nation and in economising its reveniies. 

The government has succeeded in having the national representation do jus- 
tice to these views, and it experiences more pleasure than it would feel in speaking 
of a beneficent proposition exclusively its own in declaring that the movement 
to which the annexed decree is due has done nothing more than anticipate the 
chamber's inclination for order, morality, and economy. In this it naturally 
reflects national opinion, which sees that the time has arrived for measures 
siaitable for guarding against the ruin to which the republic has been drawing 
nigh, and from which no merely political revolution could save it. The congress 
not only has accepted, but has completed and perfected this idea of the govern- 
ment, which may be called revolution in administration — administrative reform 
Avhich comes to crown political and social reform. If the idea be seconded by 
the state authorities, if it be seconded by public opinion, -sAhich has preluded it 
for some days past, if it be seconded, as is to be hoped, by the friendly nations 
Avhose experience has counselled JMexico for so long a time to enter into the path 
of economy and order, this country, from which other nations of the earth have 
expected so much, Avill commence finalh'^ to pay its contingent to universal civili- 
zation. There will be seciirity, peace, and prosperity in ]\[exico ; the adminis- 
tration of jnstice, properly organized and compensated, Avill render the laws 
effective ; the reactionary bands, placed between the energetic pursiiit of the 
armed force and the inflexible action of the courts, Avill cease to devastate the 
land ; the general police will re-establish security on the public roads ; trade and 
commerce will be revived ; capital, Avhich in some countries cannot aspire to 
more tlian a paltry interest, and which in others is at present threatened by 
great convulsions, Avill move Avithout fear to the republic, at the same time that 
colonists are coming to settle in it and to render fruitful a thousand schemes of 
material improvement Avhich the public insecurity keej)s barren. The govern- 
ment does not wish to flatter the nation Avith ])leasing prospects only, nor must 
it speak finther than of the first labors mulertaken after the reorganization 
of the cabinet, because its purpose is that deeds shall serve as a programme. 



THE PRESENT CONDITION OF MEXICO. 67 

At tlic very time of proposing tlie annexed decree, it lias taken steps tliat before 
long- will afford security on the roads of the interior and Vera Cruz, and will 
re-establish the regular postal service on these two highways. Into the pur- 
poses of the ministry enter measures of security on a large scale, and the 
realization of which is intertwined with that of the annexed decree, because the 
question of security is also a question of resources. 

For the purpose of using all the regular force to pursue the remahis of the 
reaction, the government is laboring earnestly in perfecting the establislnnent of 
the national guard in the district, and in purging it from the abuses which on 
other occasions have corrupted it, and which lately began to be visible. The 
government, which has the firm purpose of extirpating forever from the army of 
the republic the thousand corruptions which have made of the military budget 
the cask of the Danaides, and of putting an end to the shameful contracts which 
only have served to build up great fortunes on the ruins of the public treasury, 
could ill permit those same abuses to be implanted in the order of citizen militia. 
Yielding to the indications of public opinion, and wishing to lose not a minute 
in giving impulse to the branches of public prosperity, at the same time that it 
is engaged in forming propositions and in gathering statistical data necessary to 
put in practice the constitutional principle in regard to the abolition of internal 
custom-houses in the republic, the government has proposed in the congress to 
suspend that part of the decree of the 8th of April of this year, in which it has 
been provided that the payment of duties of importation may be made with 
fifteen per centum additional in shares of the interoceauic railroad, and it has 
formed a plan for the amendment of the tariff in a liberal sense, setting out 
most especially to improve in good faith the condition of commerce, •which has 
been so much damaged by smuggling. The ulterior labors of the ministry will 
have reference to reforms equally modest, but no less absolute and important. 

The government is confident of realizing them, and is firmly resolved to do 
so by organizing, so to speak, the reform, and by making it fruitful through the 
medium of administration, provided it meets with support and sympathy in the 
country, and with kindness and a spirit of equity in friendly nations, as is to 
be expected from their own interest and from that which they take in the civili- 
zation of the human race. Should it be thus, the government will have con- 
tributed in its sphere to the salvation of the republic ; in the contrary case, it 
will succumb with the consciousness of having embarked in a noble enterprise, 
and with the dignity of taking no step backward in its radically organizing 
tendencies. 

The federal government relies, for the realization of the measures to which 
the annexed decree relates, and of others which are to follow, on the efficient 
co-operation of your excellency, whose patriotism cannot but impel you to unite 
in a reform which will render fecund all the others that the nation has con- 
quered, and whose practical barrenness is being made an argument of bad faith 
against the progresista revolution. 

The undersigned avail themselves of this opportunity of tendering to your 
excellency the assurances of their distinguished consideration. 
God, liberty, and reform. 

ZAMACONA. 
RUIZ. , 
BALCARCEL. 
ZARAGOZA. 
NL'NEZ. 
His Excellency the Governor of the State of . 

Washington, September 21, 1861. 
A true copy. 

ROMERO. 



68 THE PRESENT CONDITION OF MEXICO. 

]N'o. 5. 
Sir C. Wt/ke to Scnor Zamacona. 

Mexico, Jahj 19, 1861. 

Sir : A printed paper, as strange in compilation as in the natnre of its con- 
tents, was this day hawked about the principal thoronghferes of the city, and 
has now, I see, been rejirinted in the colnmns of this evening's " Siglo." 

According to the wording of this document, it would appear that congress has 
thought fit to make a free gift of other people's property to the government of 
the republic, by suspending, for the space of two years the payment of all 
assignments, as well to the London bondholders as to the parties interested in 
the foreign conventions. 

Until I hear from you to the contrary, I am boimd to consider this announce- 
ment in the light of a falsehood ; for I cannot bring myself to believe that a 
government which respects itself could sanction a gross "\'iolation of its most 
sacred obligations to other nations, and then proclaim the fact of their having 
done so in a manner which, if possible, aggravates the offence. 

That the representatives of those nations who are thus slighted and injured 
should be allowed to learn, in the first instance, by handbills circulated in the 
streets, that you have repudiated your engagements, is as unaccountable as the 
policy which could dictate a measure alike fatal to the character and credit of 
the republic. 

I Avill not dwell on other obnoxious paragraphs of this publication, as at 
present I cannot believe it to be authentic; for Avhen your excellency did me 
the honor of calling on me to-day you in no way alliided to a subject which 
Avould otherwise surely have formed the chief topic of your conversation. 

Awaiting a reply at your earliest convenience, I avail, &:c. 

C. LEXXOX WYIvE. 



Xo. 6. 

[Translation ) 
MEXICAN EEPUBLIC, DEPARTMENT OF INTERIOR AND FOREIGN RELATIONS. 

Legation of France in Mexico, 

Mexico, July 20, 1861. 

Mr. Minister : There has for thirty-six hours been circulating through the 
principal streets of the capitol, under the signature of his excellency the presi- 
dent of the republic, a printed document, as extraordinary in form as in sub- 
stance, and which has been republished by several dailies among others, by 
the " 8iglo XIX" of yesterday. 

It treats of nothing less than a law approved the 17th July, by congress, 
and sanctioned on the same day by the president, in which, by the first article, 
without making mention of other completely inadmissable provisions, the sus- 
pension of payment u])on the fin-eign conventions for two years is ordered. 

It seems to me superfluous to say to you, ]\Ir. ^Minister, that 1 have had no 
hesitation in considering this document as apocryphal and false. 

In fact, I Avould have thought that I was doing injustice to your government 
by believing it capable of acting thus, disregarding its most sacred obligations 



THE PRESENT CONDITION OF MEXICO. 69 

in regard to tlie lawful property of anotlier, and taking part in an attempt, as 
audacious as insensate, upon the rights and dignity of France ; an attempt the 
more insulting even, if that be possible, because of the absolute silence observed by 
the government towards the minister of his imperial Majesty upon this pretended 
law of the 17th of July, before and after the vote in congress, and the approval 
by the president. 

I am, therefore, persuaded, Mr. Minister, that you will hasten to disavow an 
act which, without speaking of the terrible and inevitable consequences to Avhich 
it will expose Mexico, will only compromise in the gravest manner its character 
for loyalty and its credit. And in the hope of prompt and satisfactory reply 
from your excellency I avail myself of this occasion to renew to you my as- 
surances of most distinguished consideration. 

A, DE SALIGNY. 

His Excellency Mr. Zamacona, 

Minister for Foreign Relations of the 

Republic of Mexico. 

Mexico, My 27, 1861. 
True copy. 

LUCAS DE PALACIO Y MAGAROLA. 

Washington, S>eptemhcr 21, 1861. 
Copy. 

ROMERO. 



No. 7. 

[Translation ] 

MEXICAN LEGATION AT THE UNITED STATES OF AMERICA. 

Mexican Republic, Department of Foreign Affairs, 

National Palace, Mexico, July 21, 1861. 

The undersigned, &c., has the honor to inform his excellency Sir C. Lennox 
Wyke, &c., that the decree Avhich forms the enclosure to this note has passed 
the federal congress of the republic, and that the undersigned brings it to the 
cognizance of his excellency on account of its connexion with the diplomatic 
conventions and their payments. 

From the known ability and soiuid sense of her Britannic Majesty's minister, 
the Mexican government are led to hope that his excellency, so far from seeing 
in the above decree any cause for alarm on account of those interests which are 
under the protection of the British legation, will, on the contrary, perceive in 
this act of the legislature a proof that the republic is anxious to arrive at an 
estimate of their resources ; to organize those resources in the most profitable 
manner ; to cut at the root of such abuses as have hitherto brought censure upon 
the government, the supreme power being the first to submit to the restrictions 
and other conditions necessary for this object ; and at the same time to place 
the engagements and obligations of the nation upon such a footing as will insure 
them in future a sure and lasting inviolability. 

To fulfil faithfully their international compacts the Mexican government have 
made almost superhuman efforts, and can show results of no ordinary kind, 
such, for instance, as the present balance-sheet of the Mexican debt, whereby 
it is seen that no very notable change has been brought about therein by the 



70 THE PEESENT COXDITION OF MEXICO. 

contiiuaoiTS state of revolution. During this crisis, on the contrary, tlie position 
of foreign creditors lias improved ; in the midst of its greatest embarrassments 
tlie nation lias gone even so far as to increase tlie rate of interest for paying off 
the public debt, and has thus deprived itself of the very means which were at 
its disposal for terminating the ci^il war ; in other words, the nation has paid its 
creditors their gold with the blood of its citizens. 

Since the revolution began the republic has been thirsting after peace, 
order, and security ; yet the government, fully convinced though they were of 
being able to right themselves if only they could count upon any means that 
would really admit of action, hesitated long before laying hands upon the funds 
destined for the payment of their foreign debt. So great, indeed, was their re- 
spect for these funds, that they preferred to sacrifice their obligations to Mexi- 
cans, to trample under foot the most cherished principles of their country, nay, 
even to imprison persons of the highest respectability, in order to obtain re- 
sources from the sums paid for their release, rather than touch a cent of the 
assignments destined for the diplomatic conventions and the London debt. 

So hateful an expedient, although it has served to prove their good ftiith to- 
ward other nations, has not been and never can be efficacious ; so that the gov- 
ernment has now to start afresh, as they should do, upon different principles, 
and with the fixed purpose of thoroughly reorganizing their plan of administra- 
tion, and of having recourse, not to temporary expedients, but such a system of 
taxation as from its nature will, while adding fresh vigor to government, abolish 
once and for all the old system of forced imposts. 

To cany out this principle the republic has need of its entire revenue, and 
of conscientious and practical persons to administer the same, and this is the 
intention of the law which the undersigned has the honor of placing in Sir 
Charles Wyke's hands. 

The present government of the republic has to meet, on the one hand, the 
demands of society and civilization for order, and guarantees, on the other, those 
of the foreign creditors for nearly the entirety of the public reA'enue. So cir- 
cumstanced, no government could hesitate as to the course to be taken. 

The nation, then, has "yielded to the cry of society and civilization, has given 
way before a pressure too heavy for it to bear, but it has done so merely in order 
to recover strength and then return to the charge. 

The government of the undersig-ued originated the measures contained in the 
enclosed decree, and possibly they are the first rulers in the country who have 
religiously and honestly undertaken seriously to consider the nature of their 
obligations, and to discover the best means of meeting them. 

It is impossil)le for Mexico to attempt any administrative reform or the re- 
establishment of peace and order if she has to support the burden of the national 
debt. 

To enable her, however, to remove whatever has led to those numerous ques- 
tions which have so incessantly occupied the attention of foreign represeutatives 
and the finance department, and to do away with the system of forced imports ; 
to enable her to free herself from the necessity of breaking through her own 
liberal principles and overtaxing foreign imports ; to enable her, in short, to 
procure some portion of the money now paid by the maritime custom-houses 
toward the extinction of the debt, it is necessary she should be allowed a short 
respite wherein to recover herself, as well as the full use for a few days of her 
entire revenue. In that case, by proper management and economy, public order 
and tranquility would be re-established, and the revenue of the country, with 
the exception of what was absolutely requisite for the proper protection of 
society, set apart to meet the payment of arrears. 

The government of the undersigned considers that a debtor, so long as he is 
actuated by lionorabh^ fi-elings and a full determination to carry out his engage- 
ments, docs not forfeit his dignity iu presenting himself to his creditor and 



THE PRESENT CONDITION OF MEXICO. 71 

frankly confessing lie is, though temporarily so, unable to pay his debts ; and 
the sole object which that government now has in view is, to prove to the world 
that they are really and truly resolved upon attempting administrative reforms 
in the country, as the only means left likely to produce any amelioration in its 
political condition. They perfectly understand that they have to struggle 
against the unfavorable impression caused by the abuses and irregularities al- 
lowed iu former times, yet it does not escape them that they have inherited this 
fresh difficulty in addition to the others Avhich they have now to combat, though 
they are not ashamed of such difficulties, inasmuch as this is no exceptional 
case in the annals of Mexican revolutions, nor is it the work of the present ad- 
ministration. 

A nation, like an individual, has the right to ask to be judged by its own acts, 
and not according to preconceived prejudices or partial comparisons. 

When the president of the republic convened the members of the present 
government, they each and all, with heartfelt sincerity and honesty of purpose, 
hailed the idea of at once fearlessly gi-appling with the difficulties of the problem, 
upon the solution of which depended the great question of reform. They saw 
tliat the nation lacked not the material elements of such a work, but merely 
their proper organization. Nor were moral elements wanting ; for were there 
not proofs to the contrary in the general longing for the time when, upon the 
spurious and self-interested promises of a frivolous and corrupt minority, there 
should be built up lasting institutions, under whose protecting influence Mexicans 
and foreigners alike would deem their honor, lives, and property secure 1 The 
government saw that the nation was weary of its state of anarchy, that it cursed 
tlie abuses and the recklessness which had brought upon it discredit and rum ; 
they saAv, in fact, that the majority in the country asked but honesty of pm-pose 
from the ruling power, and they did not hesitate to consecrate their eflbrts ex- 
clusively to respond to so just a Cfill. 

The cabinet of which the undersigned is a member takes pride in its firmness 
of purpose, and considers that it merits the sympathy and co-operation of foreign 
representatives, Avhose presence in the republic is not solely for the protection 
of specified interests or nationalities, since their mission is equally one dedicated 
to the cause of humanity and civilization. 

Sad indeed would it be if history had one day to recount how that this country, 
after the most trying vicissitudes, came to be ruled over by men who, without 
any supernatiu'al gifts and animated solely by their patriotism and their experi- 
ence, shrunk not from making one final effi)rt — an effort such as never yet had 
been made — to establish in Mexico the rule of reason and morality, yet that this 
effort was shipwrecked on the prejudices and scepticism of the most enlightened 
nations of the world in respect to Mexico's future and Mexico's capabilities for 
reform. 

Every impartial person must look upon what is now passing as a proof of the 
energy and loyalty which Mexico is displaying in her endeavors to attain that 
position which reason and prudence dictates. Grovernment, at the outset, has 
procured and dedicated to the interests of the public debt all the national prop- 
ei'ty. They have initiated a system of economy which is already in operation ; 
and, as a result thereof, have imposed upon themselves and their subordinates 
such restrictions and self-denial as have never yet been imposed by any former 
administration. They have further been occupied with the details of a pro- 
gramme based upon those principles of economy which experience has proved 
to be necessary. Great progress, too, has been made toward establishing public 
order and tranquility by the steps taken by government, for tracing out clearly 
the position which the States hold in respect to the supreme federal power. 
Moreover, the departments of state now are denied to those who would hold 
office simply to speculate in the gains of the reigning disorder and confusion, 
and the present rulers of Mexico would sooner sink under their difficulties than 



72 THE PRESENT CONDITION OF MEXICO. 

yield an inch of tlie ground on wliicli tliey Lave taken tlieir stand in defence of 
refoiTn and morality. 

All those who have interests in the country — all, indeed, Avho -would see civ- 
ilization on the increase — should aid the government in attaining the objects 
they have in view, instead of throwing obstacles in then- way. The great 
European powers are extending their sympathies at the present hour to those 
countries who are striving to join the rest of mankind in the great work of civ- 
ilization, and Mexico would fain hope that she is not alone to be excepted. 

The very creditors of Mexico themselves should, the undersigned thinks, in 
their own interests, feel that great encouragement is given to them at the present 
moment; for it is not the republic alone that is now concerned in the proper 
regulation of the public debt under surer guarantees, and in the necessity of 
consolidating the same. The creditors of the nation have even a higher interest 
at stake, inasmuch as by no other means than those already mentioned can they 
expect to obtain greater advantages than those they now possess, notwithstand- 
ing that they have gradually acquired for themselves almost the entire revenue 
of the country. 

This very circumstance is regarded, and with reason, as a proof of non-stability, 
while it equally produces distrust in people's minds, a state of things no less 
prejiidicial to the republic generally than to its creditors. 

Upon this point natural instinct cannot be deceived. As matters noAV stand, 
whether in respect to the country or the creditors, it might be possible that the 
drain upon the revenue could be continued for the space of a few months, but 
it would be possible only at the price of certain ruin alike to the country and 
the creditors. 

Had the government hesitated to adopt the measures for a radical financial 
reform, to which sufficient reference has already been made, they Avould have 
been either compelled, against their principles and inclination, to impose fresh 
taxes upon foreign importations, or quietly to submit to every interest con- 
nected with social order being swallowed up in the flood of anarchy — an idea too 
horrible to be thought of. 

To avoid either of these extremes the government, guided by their conscience 
and feelings of patriotism, suggested the plan contained in the enclosed decree. 
If, as it is to be hoped, it should meet with support and sympathy from other 
nations, Mexico would be able to raise her voice and proclaim aloud that she 
had entered upon the one road that could lead to her salvation. Should it be 
otherwise, the nation must perish, and with her all those interests which are so 
closely connected with her future prosperity. Be this as it may, the govern- 
ment that in these stormy days rules over the destiny of Mexico will have had 
the honor and glory of initiating and doing battle for tlie only means left that 
could save their coxiutry. 

The undersigned would feel obliged to her IMajesty's envoy extraordinary if 
his excellency Avould transmit a copy of this note to his government, and avail 
himself, &c. 

MANUEL DE ZAMACONA. 

Mexico, July 29, 1861. 
Tnie copy. 

LUCAS DE PALACIO Y MAGAROLA. 

"\VASHii\GTOi\, SejJtcmber 21, 1S61. 
True cop3\ 

ROMERO. 



THE PRESENT CONDITION OF MEXICO. 73 

[Translation.] 

No. 8. 

MEXICAN KEPUBLIC, MINISTRY OF FOREIGN RELATIONS. 

National Palace, Mexico, July 21, 1S61. 

The undersigned, minister for foreign relations, lias the honor to answer the 
note which his excellency the minister of France has been pleased to address to 
him in relation to the decree passed on the 17th instant by the federal congress, 
and in which provision is made for the suspension of all payments, including 
that of the debt contracted in London, and that of the diplomatic conventions. 

This decree is perfectly authentic, and his excellency the minister of France 
would have had no occasion to express his doubt upon this point in the note to 
which this serves for answer, if his occupations would have allowed him to 
receive the undersigned, who went yesterday to the French legation as soon as 
the decree mentioned was communicated to his department by that of finance, 
in order to make to his excellency Mr. de Saligny some confidential explanations 
before ofiicially communicating to him the resolution of congress. 

The undersigned had the ill-fortune to find his excellency the minister of 
France occupied and invisible, and had to return to this department to solicit, 
as he did, a private conference by means of a note which he despatched to the 
French legation before receiving the note which Mr. de Saligny pleased to send 
him at the close of the afternoon, and to which I have now the honor to reply. 

The undersigned flatters himself with the hope that the reading of the law, 
which he remitted in a separate note to his excellency the minister of France, 
will suffice Avith his excellency to rectify the opinion Avhich he expresses in his 
letter of yesterday on the ground that the decree of congress docs not arbi- 
trai-ily dispose of any property, nor break any of the ties of obligation which 
bind the republic. The said decree and the note Avith Avhich the undersigned 
had the honor to send it to the French legation, are, on the contrary, a virtual 
ratification of the international engagements of Mexico, accompanied, also, by a 
frank and loyal declaration that she could not at once fulfil them without preju- 
dice to pubhc order and to peace, and Avithout endangering the very existence 
of the nation. In this declaration, Mr. Minister, is neither audacity nor folly ; 
but, on the contrary, a melancholy submission to the law of necessity, and a 
prudent recourse to the only expedient Avhich can sa\'e the republic from 
anarchy. 

Truly, the undersigned does not comprehend in Avhat manner the dignity of 
France can be offended by this protest made by an impoverished nation ; that 
it is not possible for it Avithout some breathing time to continue carrying, at 
heavy costs, the weight of debt by AA'hich it is oppressed. 

This declaration refers only to a fact which has long since been proclaimed. 
There is no reason for considering as an insult that the republic, reduced to the 
last extremities, has declared the fact officially and solemnly, without previously 
asking the consent of its creditors. 

His excellency the minister of France has the goodness to give the under- 
signed a hint of the terrible results to Avhich the step which occasions this note 
may give place, and upon the influence it would have on the credit of the nation 
and on the belief in its loyalty; and the undersigned must frankly answer that 
the government, full of a confidence Avhich it does not fear will be disappomted 
in the good Avill and equity of friendly nations, has not supposed that a greater 
evil could threaten the republic than social dissolution and anarchy, and that 
this act of menace does more injury to its credit than the frank and honest 



74 THE PEESENT CONDITION OF MEXICO. 

declaration that its obligations, Avlnch it new liolds in greater respect and 
acknowledges more tlian ever, exceed at this moment its ability to meet them. 

The undersigned takes the liberty to refer to the note whicli he addressed to 
his excellency Mr. de Saligny, transmitting with it the decree of the 17tli 
instant, and concludes by renewing the assurances of his distinguished con- 
sideration. 

MANUEL MA. DE ZAMACOXA. 
His Excellency Mr. A. de S align v, 

Envoy Extraordinary and 3Ii/uster Tl-enipotnitiary 

of his Majesty tlie Emj^eror of the French. 

Mexico, July 29, 1S61. 
True copy. 

LUCAS DE PALACIOS Y MAGAROLA. 

Washingtox, Sicptemher 21, 1861. 
True copy. 

ROMERO. 



No. 9. 
[Translation ] 

Senor Zaviacona to Sir C. IVyhe. 

Mexico, July 21, 1861. 

The undersigned, minister for foreign affairs, has had the honor of receiving 
from 4ais excellency Sir Charles Lennox "Wyke, her Britannic Majesty's envoy 
extraordinary and minister plenipotentiary, the note in which his excellency re- 
quests to be informed whether the decree of the federal congress providing for 
a total suspension of payments, not excepting those of the London bondholders 
and diplomatic conventions, is or is not authentic. 

His excellency's request might have been looked on as anticipated by the 
explanation the undersigned had the pleasure of making yesterday at the lega- 
tion only a few minutes after the note, to which this is a reply, had been sent 
to the foreign office — indeed while it was yet on its way there ; but the private 
character of that explanation renders it incumbent upon the undersigned to 
recapitulate a portion of it in the present communication. 

In the first place, he begs to assure Sir Charles "Wyke that so soon as the 
decree of yesterday was made known to him through the department of finance, 
he proposed to bring it at once to the cognizance of his excellency, though 
anxious that this step should be preceded by a visit, at which it Avas the inten- 
tion of the undersigned to give Sir Charles Wyke a fuller and more detailed 
explanation of the decree in question, its purport and probable results, than was 
compatible with the limits of an oificial note. In the meanwhile, however, the 
decree was duly and formally published and printed in the daily newspapers, 
and this will account for his excellency the British minister having seen it before 
he received either an explanatory commiuiication or visit from the undersigned. 

Sir Charles Wyke Avill now allow the undersigned the liberty of stating that 
he does not consider his excellency has formed a correct estimate of this decree 
when he says the congress therein makes a free gift to government of other 
people's property. Her Majesty's worthy representative likewise goes on t-o 
qualify the act of congress as a total suspension of payments for the space of 
two years ; still, it will not escape his keen judgment that the ap})lication of 
the term " free gift" to what is merely the act of ratifying certain obligations, 
and specifying the mode of fulfilling the same, amounts to a misnomer. 



THE PKESENT CONDITION OF MEXICO. 75 

ISTeitlier can the undersigned agree witli Sir Cliarles Wyke in his opinion that 
the decree in question is a violation of Mexico's most sacred obligations toward 
other nations. Such a phrase would imply the idea of a voluntary and delib- 
erate act; whereas the republic, in suspending the payments due to the diplo- 
matic conventions, yielded not to the dictates of its own free will, but solely to 
the force of circumstances, which have rendered it morally and physically im- 
possible for the nation to continue making those payments which have hitherto 
been made by means of the most strenuous exertions. When, then, such efforts 
have been unavailing, the government may be permitted to say so without any 
want of respect either for itself or for those nations with whom they may have 
engagements. 

To every obligation there is attached the tacit condition of possible fulfil- 
ment or non-fulfilment, and nobody has ever been judged fiiithless to his en- 
gagements for having, when compelled to suspend payment, stated the simple 
fact of such engagements being incompatible with possibility. 

Of such a nature is the statement contained in the decree that has now passed 
congress, and her Majesty's minister should not be astonished that it did so pass 
congress, or that it was afterwards published Avithout the previous consent of 
the diplomatic representatives in their character of protectors to foreign credi- 
tors, for it must be treated of as the mere declaration of a simple fact, in no Avay 
tending to the modification or prejudice of the interests connected with the 
public debt. 

It will not have escaped the clear judgment of Sir Charles Wyke, acquainted 
as is his excellency Avith the actual situation of the republic, that the suspension 
of payments which has lately been decreed, which only expresses Avhat has 
long been the public feeling, and has fonned the subject of confidential conver- 
sations with some members of the corps diplomatique, as well also as with some 
of those most interested in the foreign debt, has been brought about by an im- 
perious necessity which did not admit of any preliminary arrangement or adjust- 
ment. The government had to choose between two evils — either to respond to 
public opinion by adopting the only existing means of preserving order and re- 
organizing the whole administrative system, or to look quietly on and leave 
society to become an easy prey to the prevailing anarchy. 

Government, considering the preservation of order to be its first duty, and 
believing that for the positive good of all who had interests at stake in the 
country some one plan should be imdertaken which would tend to consolidate 
those same interests, presumed they might count, to a certain extent, upon the 
assent of the creditors. 

Sir Charles Wyke, then, will thus understand why the undersigned, holding, 
as he does, these opinions, can neither look upon the decree originating this note, 
as repudiating national engagements, nor as prejudicial to the good fame and 
credit of the republic. 

In order the better to understand the true force and purport of the decree, the 
undersigned would beg to refer her Majesty's minister to the note which has 
been addressed to the legation for the purpose of announcing to his excellency 
the act of congress ; and if Sir Charles Wyke considers that, in the visit which 
the luidersigned had the honor of paying yesterday at the mission, he was only 
performing such an act of courtesy as should always precede any ofiicial or con- 
fidential conferences upon matters of business, his excellency will cease to 
wonder at the absence of special reference to the subject of this communication 
during the conversation which then took place. 
The iTudersigned, &c. 

MANUEL DE ZA:MAC0NA. 



76 THE PEESENT CONDITION OF MEXICO 

No. 10. 

MEXICAN LEGATION AT THE UNITED STATES OF AMEKICA. 

Mexican Republic, Department of Foreign Affairs, 

Mexico, July 22, 1S61. 

Sir : lu reply to your communication bearing yesterday's date, wliicli I have 
just had the honor to receive, I will endeavor to answer seriatim the objections 
you have to offer to the statements contained in my note to your excellency of 
the 19th instant. 

You state the reasons why the financial decree was not sooner communicated 
to this legation, and say that you were anxious personally to explain to me the 
motives which had originated it ; but what I complained of was that it should 
have passed into a law without the intention even of carrying it into execu- 
tion ever having been announced to me. 

When two parties bind themselves to ]Derfonn certain stipulations, neither of 
them has the right to free himself from such obligations without having first of 
all obtained the consent of the other contracting party. With regard to what 
you say about the impropriety of my calling this act of congress a giving away 
of other people's property without their consent, permit me to observe that I 
am perfectly justified in making that assertion, for in matters of this nature time 
is often equivalent to money, and the arbitrary act of stopping all payments 
for the space of two years is depriving the parties interested of their money for 
that space of time, which is a dead loss of so much value to them. 

The imperious necessity which you urge as an excuse for the act cannot in any 
way justify the manner in which you have made yourself sole judges of that 
necessity, without first of all urging it on the forbsarance of your creditors, in 
order to obtain their consent to Avhat you were about to do. 

A starving man may justify, in his own eyes, the fact of his stealing a loaf, 
on the ground that imperious necessity impelled him thereto ; but such an argu- 
ment cannot, in a moral point of view, justify his violation of the law, which 
remains as positive, apart from all sentimentality, as if the crime had not had 
an excuse. If he was actually starving, he should have first asked the baker 
to assuage his hunger, but doing so of his owti free will, Avithout permission, is 
acting exactly as the Mexican government has done towards its creditors on the 
present occasion. 

Although, as your excellency truly observes, the law just published does not 
certainly affect the rights of the parties interested, yet it does most positively 
touch their material interests by depriving them of payments on Avhich they 
had counted to fulfil their other engagements. 

With regard to the hope of immediate relief which you seem to entertain from 
the operation of this measure, I am convinced that it will, on the contrary, 
gi-eatly aggravate the actual ditficulties under which you are now laboring, and 
that for reasons so evident that I Avill not now advance them. 

I am not aAvare that the project of this law Avas shoAA-n to other diplomatic 
agents, but I certainly never heard of it before under its present fomi, and, 
therefore, as for as I am concerned, the case stands exactly as I have stated it. 

With regard to the light in which j'our excellency A'icAvs this question, as ex- 
pressed in your above-named note, you Avill, I am sure, excuse me for stating 
that it cannot be treated of partially Avithout also taking into consideration the 
opinions of those Avho directly suffer from the practical operation of such ideas as 
emanating from yourself and the other members of the government Avho sub- 
mitted the project to the congress. 

A^ ith respect to Avhat you mention about a note addressed by your excellency 



THE PRESENT CONDITION OF MEXICO. 77 

to this legation with reference to this matter, I must inform jon that it has never 
reached me, and that, therefore, I had a full right to complain, as I did in my 
communication to you of the 19th, of having first of all heard of this extraor- 
dinary measure of the government by seeing it in printed bills placarded through 
the jjublic streets of the capital. 
I have, &c., 

C. LENXOX "WYKE. 
His Excellency Senor Don Manuel M. de Zamacona, 

Minister of Foreign Affairs. 

P. S. — Since writing the foregoing lines the note of your excellency, alluded 
to above as missing, has been put into my hands, it having reached this legation 
an hour and a half later than the one to which this is a reply. 

0. L. W. 

Mexico, Juhj 29, 1S61. 
True copy. 

LUCAS DE PALCIXO Y MAGAROLA. 

Washington, Septemher 21, 1861. 
True copy. 

EOMEKO. 



No. U. 
Siir C. Wylce to ScTior Zamacona. 

Mexico, July 2,3, 18G1. 

Sir: Your excellency's note of the 21st instant reached me yesterday after- 
noon, by which I leam that the decree fonning its enclosure has passed the 
federal congress of the republic, and that you forward it to me as directly 
bearing on the stipulations of the diplomatic convention for the payment of 
British claims concluded between Great Britain and Mexico in the year 1851. 

I have already so fully explained to you in my notes of the 19th and 22d of 
this month what I think of this decree and the manner in which it has been 
issued, that any further observations of mine with reference to it would only be 
superfluous, and prolong a correspondence w^hich should never have been called 
for at all. 

As to the appeal you make to the indulgence and forbearance of her Majesty's 
government, in order to obtain their sanction to a measure which is of itself 
suSicient for ever to deprive you of their confidence, I need only remind you 
that such indulgence has already been too far abused by the utter failure of all 
your engagements in the affairs of the Oalle de Capuchinas and the Laguna Seca 
for it to be again extended to those Avho, instead of feeling grateful for it, only 
seem to count on its exercise in order to free themselves from every obligation, 
however binding it may be. 

Apart from these considerations, however, the carrying out of this financial 
law, so far from benefiting the nation, Avill only plunge it into tenfold greater 
difiiculties by largely increasing its obligations to its creditors, and at the same 
time striking at the root of its credit and commercial prosperity. 

That Avhich is in itself wrong can never come right, for it is a well-known 
axiom that spoliation as a source of revenue soon exhausts itself. 

It is not by such means that the resources of the country can be augmented, 
but by a determination to make every sacrifice and incur every privation wath a 
view of maintaining your honor and fulfilling your engagements. This determi- 



78 THE PRESENT CONDITIOX OF MEXICO. 

nation once adopted and manfully put into practice -^'onld at once inspire confidence 
and rallv round you tliose wliose sympathies you now appeal to in vain, because 
they doubt from past experience both your prudence and your sincerity. 

In usiug language thus strong you must not attribute to me a desire to oflFend, 
which is indeed far from my intention, but I have a duty to perform both to my 
own government and to that to which I am accredited, which impels me fearlessly 
to tell the truth and warn you against the inevitable consequences of a step alike 
fatal to your own interests as well as to those of my countrymen affected by 
this law. 

It now only remains for me to protest most solemnly, as I hereby do, against 
this decree, at the same time that I hold the republic responsible for all and 
every damage and prejudice caused by it to the interests of those whom I 
represent in'^this matter; and further to warn your excellency that luiless the 
said decree is withdrawn within forty-eight hours from this present time I shall, 
until I receive fresh instructions, suspend all official intercourse with the Mexican 
government, as any longer maintaining such under existing circumstances woidd 
be incompatible with the dignity of the nation I have the honor to represent. 

In compliance with your request I will transmit a copy of your excellency's 
note of the 21st instant to her Majesty's government. 
I avail, &c., 

C. LENXOX WIRE. 



[Translation.] 

Xo. 12. 

MEXICAN REPUBLIC, DEPARTMENT OF INTERIOR AND FOREIGN RELATIONS. 

Legation of France to Mexico, 

Mexico, Jtdy 23, 1S61. 

Mr. Minister : I received yesterday, at 4 o'clock in the afternoon, the two 
notes you have done me the honor to address to me under date of 21st July. 
I am noAv causing a translation to be made of that of the two notes by which 
you g-ive me official cognizance of the decree of the 17th of this month; but 
while awaiting this, that I might reply and in my turn inform you of my deter- 
mination on the substance of the business, I cannot pass Avithout answer the 
observations by aid of which you seek to reply to my communication of July 20. 
I had declared to you, Mr. Minister, that independently of the fact that the 
measure was in itself an outrage upon the interests and dignity of France, the 
silence observed upon the subject by your government towards the minister of 
the Emperor, as well before as after the vote of congress and the approval by 
the President of the decree of the 17th July, rendered this act still the more 
insulting, if that Avere possible. To-day, and after having read your explana- 
tions, I persist more than ever in seeing in the silence of your governuicut a 
fresh insult, gratuitous and premeditated, addressed to France. 

To justify your government, you tell me that so soon as you were infoimed 
by the minister of finance of the existence of the decree in question you came 
to mv house to give me confidential explanations before communicating to me 
officially the decision of congress, but that you were so unfortunate as to hit 
upon a moment in which I was engaged and invisible. 

It is very tme that through a misunderstanding for which I feel bound to 
express to you all my regrets, and which is explained by the fact that you did 
not make yourself known to my chancellor, Mr. de JMoriueau, I was deprived of 



THE PEESENT CONDITION OF MEXICO. 79 

the honor of receiving your visit on the 20th of this month. But allow me to 
remark that this circnmstauce, apart fi-om the personal regrets I experienced, is 
without any importance. A simple collation of dates will be sufficient to con- 
vince you. The decree voted upon the 17th, and approved on the same day by 
tlie executive authority, was on the 18th, by order of the authorities, posted on 
the corners of the principal streets of the capital, and published in various 
journals. But it was on the 20th, at four o'clock in the afternoon, at the moment 
when I had just despatched to you my note, that you called at my house to give 
me some covjidcntial explanations ! Shall I add that it miist seem very strange 
that the chief of the cabinet should not have been infoi-med by the department 
of finance of a measure of such weight until three days after it had been adopted 
by the executive power, and published for forty hours through the street criers 
and the joiu-nals? Such a fact would not be of a nature to give a high opinion 
of the manner in which your governmental machinery is managed. 

This is not the time to refute the reasoning by aid of which you undertake 
the impossible justification of an inexcusable measure. But I will not pass un- 
noticed certain expressions in your note intended to portray in the most touching 
hues the sad condition of your country, and which seem to imply an appeal to 
the feelings and to the generosity of the government of the Emperor. France, 
Mr. Minister, I can say, to its eternal honor, has never been insensible to the 
sight of a government contending with unmerited misfortunes, and bravely 
striving to proseiwe social order and civilization. But such is not, I say it with 
profound regret, the situation of your government. The difficulties under which 
it succumbs are only the inevitable result, the forced and foreseen consequence 
of unheard of waste, of plunder and prodigality without name, of unbridled 
disorder, of abuses without example, of which since its accession it gives a sad 
sjjectacle. To permit at this time that, arming itself with its delinquencies even, 
against which the minister of the Emperor has not in vain endeavored to place 
it on its guard, it should lay hands on the lawful property of our subjects, on 
the resources devoted, in virtue of international conventions of the most sacred 
cliaracter, to supply a tardy and inadequate reparation to Frenclnnen, imiocent 
victims during so many years of a system of depredation and spoliation without 
example in any other country, Avould be on the part of France, not generosity, 
but veritable self-deception, an improvidence the more unpardonable, because if 
I have not much faith in the efficacy of the remedy proposed, I CQuld not, let 
me frankly avow it to you, have any greater confidence in the hands intrusted 
with its application. 

I pray your excellency, Mr. Minister, to accept the assurances of my very 
distinguished consideration. 

A. DE SALIGNY. 

His Excellency Mr Db Zamacona, 

JMinister of Foreign Relations, ^atonal Palace, Mexico. 

July 29, 1861. 
True copy. 

LUCAS DE PALACIO Y MAGAEOLA. 

Washlxgton, Septemher 21, 18G1. 
Copy, 

ROMERO. 



8Q THE PEESENT COXDITIOX OF MEXICO. 

[Translation.] 

Xo. 13. 

MEXICAN REPUBLIC, DEPARTMENT OF INTERIOR AND FOREIGN RELATIONS. 

Legation of France to Mexico, 

Mexico, July 24, 1861. 

Mr. Minister : I have to answer tlie communication wliicli yom- excellency 
did me the honor to address to me the 21st July to bring officially to my 
knowledge the decree of the 17th of this month, of which I shall hasten to 
transmit a copy to the government of the Emperor, 

I have experienced, perhaps, more regret than surprise on learning, Mr. Minis- 
ter, that this measure of the 17th July, in the existence of which I refused to 
believe for the honor of Mexico, Avas in sooth an authentic act, adopted by your 
government with deliberate purpose, but in the shadow of concealment, as if, 
through a final revolt of its own conscience, it might itself shrink back in the 
blaze of daylight from the avowal of such an enormity. The impression which 
the government of his imperial Majesty will receive on learning this fresh 
assault on the rights and dignity of France, as well as all the circumstances 
connected with it, will not be different, I am convinced, from what I have 
myself felt. 

Yoiir excellency certainly does not expect from me that I should here enter 
into a discussion of the decree of July 17. It belongs to things that are not 
discussed. What need have I, moreover, to give myself to useless efforts to 
convince your excellency that in our conversations you have not hesitated to 
blame almost as energetically as myself this deplorable measure, even at the 
moment when, by a contradiction for which I cannot account, you inidertook to 
justify it by means of arguments, more specious than solid, deduced from I know 
not what pretended considerations of necessity and public safety. 

The measure of Avhich we treat worthily crowns the system by the help of 
which, after several months, yoiir government has wrought itself up to elude, to 
deny, or to violate its obligations towards the government of the Emperor. 

In the situation in which you have just placed it, nothing will remain to 
France than one single means of defending and avenging her rights and her 
honor, outraged with indignity — immediate resort to force. It is for your 
government to decide if it will leave affairs to come to this extremity. 

Awaiting its decision, I have, Mr. Minister, a last duty to discharge ; that is, 
solemnly to protest in the name of France, as I here do, against your decree of 
the 17th July, declaring to you that I hold the republic responsible for all the 
damages it may cause to the subjects of his imperial jMajesty, and that, in fine, 
if this measure be not recalled and annulled within twenty-four lioiirs from this 
instant, I shall break off all official relations with yoiu* government, these rela- 
tions having become incompatible Avith the dignity of the government Avhich I 
have the honor to represent. 

I pray your excellency to accept the assurance of my very distinguished 
consideratiorh. 

A. DE SALIGNY. 

His Excellency Mr. Zamacona, 

Minister of Foreign Relations. Xational Palace, Mexico. 

Mexico, July 29, 1S<31. 
A true copy. 

LUCAS DE PALACIO Y MAGAROLA, 

Washington, September 21, 1861. 
A true copy. 

KOMERO. 



THE PRESENT CONDITION OF MEXICO. 81 



No. 14. 

[Translation.] 
MEXICAN EEPUBLIC, DEPARTMENT OP INTERIOR AND FOREIGN RELATIONS. 

National Palace, Mexico, July 25, 1861. 

The undersigned minister of foreign relations believes that he ought to make 
some remarks to his excellency the minister of France on the subject of the two 
last notes which he has thought proper to address to this department because of 
the decree of the 17th instant. 

Before all, the undersigned should explain that -whatever may have been his 
private information of the measure stated, and of the initiative which -was the 
origin of it, he could not officially communicate it to his excellency Mr. de 
Saligny before it could be communicated to him by the department of finance, 
a step inevitably posterior to the promulgation of the decree spoken of. This 
will put an end to the astonishment which his excellency the minister of France 
exhibits, and will obviate the possibility of perversion of the meaning of the 
explanations which the undersigned has given upon this point. 

The surprise and sorrow which his excellexicy the minister of France states 
that he experienced on learning ofiicially the publication of the decree referred 
to are things which the undersigned does not midertake to comprehend in 
treating of a measure which has rested a long time on the public attention, 
which has been discussed by the press, and whose unavoidable necessity has 
passed into a proverb. The undersigned considers himself excused from further 
remark when the very representative of the French empire has had the frankness 
to recognize this necessity in private conversations, in referring to some that 
he had had with one of the predecessors of the undersigned about the arrange- 
ment not only of a delay in favor of Mexico for the payment of the debt to 
France, but even of an alleviation of the enormous Aveight with which the foreign 
debt oppresses the republic. 

The undersigned must also set in proper light the allusion which his excel- 
lency Mr. Saligny makes to the blame which in private conversations he says 
he had cast upon and now reduces to writing upon the measure which is the 
cause of these communications. What the undersigned has stated to the 
minister of France is the decided preference which he would have given to a 
conventional arrangement for the suspension of payments enacted by congress, 
and the regret with which he has had to submit to the hard law of necessity 
which did not give the time needed by the government for entering upon pre- 
vious conventional arrangements, which, though initiated with this intent, could 
not effect an immediate result, on account of accidents foreign to the essence of 
the business ; and meantime the extreme moment arrived in which the govern- 
ment literally could not do any other thing than suspend payments, and trust 
for some general arrangement of the public debt to the presumed consent of the 
parties interested. This is what the undersigned has constantly said to his 
excellency the minister of France, and thus it falls out that, while deploring the 
impossibility of entering into previous arrangements, he may have influenced the 
conduct of the government upon the overmastering considerations of necessity 
and of public safety. 

The government of the undersigned protests against the imputation thrown 
upon it of having systematically endeavored, in these latter times, to elude, dis- 
regard, and violate its engagements with the government of the Emperor. The 
facts and the correspondence of this department with the French legation bear 

H. Ex. Doc. 100 6 



82 THE PRESENT CONDITION OF MEXICO. 

■witness to tlie contrary. For three years past Mexico, notwithstanding; she 
found herself in the midst of difficnlties and compHcations without example, in 
place of eluding her liabilities has ratified them, has confirmed them, has given 
strength to them by means of acknowledgments in which there has been, 
perhaps, somewhat of improvidence, and which have contributed much to the 
difficulties with which the government now contends. At this very moment the 
nation acknoAvledges all the rights which are derived from its international 
engagements, but finds itself compelled to declare that those rights cannot, for 
a certain period, be regularly provided for by the receipts from the maritime 
custom-houses, because these constitute the only available and immediate 
resource of the government, and are not sufficient to meet the serious, although 
temporary, dangers with which the public is threatened, and the interest upon 
and funding of the pixblic debt. 

The decree of the 17th instant does not repudiate any obligation, nor do 
anything but place in their appropriate order those Avhich the government main- 
tains towards civilization and society, and those which it is under to its creditors. 
In all this decree there is not a single word that can reveal any tendencies to 
spoliation. It is nothing but a declaration on the part of the Mexican people, 
in the same terms in which such is made daily by traders and merchants who 
find themselves under actual impossibility to fiilfil their engagements. The 
only difference is, that between individuals the disputes between creditors and 
debtors are, in such event, carried before the courts, and between nations are 
brought before the supreme tribunal of justice and of equity. His excellency 
Mr. de Saligny in his last note declares that he declines this jurisdiction, and 
prefers to carry the matter before the tribunal of force. 

It is strange that the minister of France, to whose intelligence the rules whicli 
preside over human revolutions must be familiar, should regard as an exceptional 
characteristic of that of Mexico the irregular course of public events in the 
months immediately close upon the downfall of the reaction, and that, arming 
himself Avith those recollections, now that the double quick step of refoim has 
slackened, as avcII as the impetuosity which the revolution brought from the 
fields of battle — now that we hear the voice of those who claim to organize and 
direct it, should declare the Mexican people to be unworthy of all equitable 
consideration, and should oppose the advent of order and regularity precisely 
in the name of that inevitable disorder. On the other hand, if that has existed, 
it must be that Mr. de Saligny ought to reflect that, far from having brought 
prejudice to French interests, it is proverbial that his fellow-countrymen have 
been the most benefited by what the minister of France calls the prodigalities 
of the revolution ; and in reference to this, the xindersigned takes the liberty to 
ask Mr. de Saligny to look into his conscience and search whether the Anolent 
language with Avhich he enforced his criminations of Mexico is worthy of the 
noble coiintry which he represents, and in whose sentiments it is impossible 
there should exist a wish to abuse its position as a creditor; and this when 
France is not so with respect to Mexico, unless for a relatively small amount, 
and Avhen out of this afiair there cannot, on the other hand, any question of 
dignity be raised, because that would be equivalent to saying that the poverty 
and the embarrassments of JMexico may aftect the dignity of France. 

The nation has restricted itself to declaring, by means of the decree of the 
17th, the condition of its complication and its penury, Avithout repudiating any 
of the rights created in favor of its creditors, and, on the contrary, by coming 
forward and oft'cring new guarantees. 

It cannot be unperceived by the practical wisdom of his excellency the envoy 
of France that he asks an im))ossibility from the government of the under- 
signed in requiring IVom it, Avithin tAventy-four hours, the abrogation of the 
decn^e of tlie 17tli instant. Neither the government coidd initiate this abroga- 
tion, because that Avoukl be to initiate anarcliA- and social dissolution ; nor 



THE PEESENT CONDITION OF MEXICO. 83 

could congress, wliicli passed tliat law almost by acclamation, convinced that it 
was of vital importance to the republic, listen to the initiative. 

The protest with which his excellency the minister of France closes his note 
appears to the nudersigned so much the more superfluous, because he has him- 
self anticipated it, so to say, by protesting, even from his first notes upon this 
business, that the ultimate resolutions of congress can in nowise affect the legiti- 
mate rights of parties interested in the foreign debt. 

The undersigned permits himself, moreover, to remark, saving his respect for 
the sound judgment of Mr. de Saliguy, that far from seeing an act becoming the 
honor and dignity of the French empire in the suspension of relations, which 
its representative announces he believes it to be very possible that impartial na- 
tions should look upon this step as absolutely without motive, and hopes, from 
the prudence of the minister of France, that imtil he receives instructions he 
may keep up the cordial understanding, for whose inteiTuption no cause what- 
ever exists, and which may so much contribute to the satisfactory solution of this 
business. 

The undersigned is gratified to offer, on this opportunity, to his excellency 
Mr. de Saligny the assurances of his very distinguished consideration. 

MANUEL M. DE ZAMACONA. 

His Excellency Mr. A. de Saligny, ^r., &)v., ^. 

Mexico, July 29, 1S61. 
A copy. 

LUCAS DE PALACIO Y MAGAROLA. 

Washixgtox, September 21, 1862. 
A copy. 

ROMERO. 



No. 15. 

ScTior Zamacona to Sir C. IVi/ke, 
[Translation.] 

Mexico, JuIi/ 25, 1S61. 

The ccmmimication which his excellency her Britannic Majesty's minister Avas 
pleased, imder yesterday's date, to address to the undersigned upon the subject 
of the decree of the sovereign congi-ess proclaiming a total suspension of pay- 
ments, not excepting those of the diplomatic conventions and the London debt, 
has rendered it incumbent upon the undersigned to make certain explanations, 
without which it might be stipposed that his government had accepted asirrefutable 
some of the facts and statements therein adduced by Sir Charles Wyke. 

Once and for all, then, the undersigned rejects the notion entertained by his 
excellency in his notes of the 19th and 22d instant, that the decree of the 17th 
implies an act of spoliation. 

This act of the legislature carries with it no legal right whatever to rob 
foreign creditors of what belongs to them. The nation, in whose house of 
representatives the decree in question was carried with scarcely a dissenting 
voice, has never sought to disavow the rights which have accrued to others from 
international compacts. Still she has been forced to declare that, for some time 
to come, such rights cannot continue to be a draia upon the revenue of the 
maritime custom-houses, for that revenue — the only one government possesses 
for immediate purposes — does not suffice for the actual exigencies, temporary 
though they be, of the country and society, and at the same time for the payment 
of tlie interest and principal of the public debt. Government have obligations 



84 THE PRESENT CONDITION OF MEXICO. 

to perform both toM'^ards society and tlieir creditors. Tliej cannot perfoiTa both 
at once, and conseqitentlj, by the decree which has originated this note, govern- 
ment have done nothing more than place those obligations in their legitimate 
order, without attacking or disavowing any of them. 

His excellency her Majesty's envoy extraordinary, while attempting to clothe 
the act of congress in the garb of spoliation, has in one of his fonner notes 
employed a simile, the inaptitnde of which is strikingly perceptible. His 
excellency compares the government at this moment to a person who, impelled 
by hunger, assaults and robs a provision merchant. Now, two ruling principles 
are implied in such an act — one of aggression, the other of robbery — neither of 
which can even be assumed in respect to the conduct of government towards its 
creditors. Of not a sixpence have these same creditors been deprived ; and if 
one had to employ a simile to qualify the conduct of government, it Avould be 
rather that of a father overwhelmed with debts, who, with only a small sum at 
his disposal, scarcely sufficient to maintain his children, employed it in the 
purchase of bread instead of in the payment of his bills. Were her Britannic 
Majesty's representative a member of the family, would his excellency be eager 
to qualify his father's conduct by the name of spoliation 1 

In every-day life one is accustomed to see people who suspend payment owing 
to pecuniary embarrassments, yet nobody seeks to call them thieves. Now, in 
the decree, upon which her Britannic Majesty's minister passes so severe a 
sentence, not a single word is there which can give rise to the idea of thieving 
propensities. Payments, it is true, are stopped because government cannot pay 
out of the funds assigned to it. They are stopped because the nation, to be 
orderly, and at the same time methodical in the accounts of the public debt, wants 
as soon as possible a government ; yet still, with feelings of loyalty, and with a 
solicitude worthy both of being more justly appreciated, she has given her 
creditors a twofold guai'antee ; firstly, in the plan itself, so complete, so impartial, 
a plan wherein looms a prospect of solid stability ; and secondly, in the assign- 
ment of a sjiecial fund of several millions, (most of which can shortly be realized,) 
whereby, even during the period of suspension, (in their case nominal,) the 
foreign creditors will obtain even better secmity than Avhat was given them in 
the maritime custom-houses. 

It is not, M. le Ministre, about sacrifices or money that Mexico is haggling; 
that which she is defending are the principles of order; that which she is 
longing for is system and organization, without which she is lost ; and she is 
searching after prudence and method, so that she may never again be accused 
of slovenliness and mismanagement by those who regard as a national vice what 
is but a phenomenon inseparable from a state of revolution. 

It is well, too, to state accurately the attitude of Mexico before her creditors, 
both a& it was and is ; for it is not such a one as his excellency her Majesty's 
envoy describes in his last note. To judge therefrom, oiu* republic has never 
been aughi than an indigent debtor, who from time immemorial has responded 
with ingratitude and bad faith to the undeniable generosity and indulgence of 
hex creditors. 

The undersigned shuts his eyes purposely to the history of the foreign debt, 
for neither would he wish to employ the bitter tone of Sir Charles Wyke's note, 
nor give the slightest indication of Mexico's belonging to the set of faithless 
debtors who, to avoid payment, dispute the legality of their obligations. Mexico, 
on the contrary, recognizes in a high degree her engagements, and will abide by 
them, moreover, without taking exception at the antecedents of the original con- 
tract. 

But tlie undersigned is convinced that, wlicn this correspondence shall have 
come to light, all who are fan\iliar with the history of our external debt, all who 
are acquainted with the i)riniary elements of the British convention, and know 
how the parties interested thertiu were allowed the advantages of increased 



I 



THE PRESENT CONDITION OF MEXICO. 85 

interet^t in the midst of a ruinous civil war, and in tlie days of Mexico's hardest 
struggle, will see something strange in the allusion of his excellency her 
Majesty's minister to the indulgence of which the foreign creditors were so 
prodigal, but which the republic so systematically abused. 

Had tlie demands of the creditors been somewhat fewer, then, perhaps, the 
fulfilment of international engagements might have come within the range of 
possibility. Mexico, however, has been like those fields where the harvests 
liave been out of proportion to the fertility of the soil, and the day comes when 
the land becomes impoverished, yields nothing, and is obliged to lie fallow for 
one or two years. 

The undersigned considers he should not pass over in silence the charge which 
is made against his government of having failed to fulfil their engagements in 
respect to the funds seized at the British legation by functionaries of the reac- 
tion, and to the money-convoy "occupied" at Laguna Seca. 

In the first case, government, with the consent of the legation, engaged simply 
to make the perpetrators of the act responsible, and if such means did not lead 
to the desired result, viz., indemnity, to discuss others which might do so. No 
one, then, can say that until now government has not fulfilled their engagement 
in this case. 

As for the affair of Laguna Seca, when government undertook to repay, within 
the space of four months, what remained unpaid of the amount " occupied" out 
of the " conducta," they did so at a time when they could not foresee that the 
remnant of the reaction would turn refractory, and oblige them to enter upon an 
expensive campaign, which would upset all their financial calculations. 

Notwithstanding this, however, they have made every kind of sacrifice, 
monetary and otherwise, to keep intact this special debt ; to an extent, indeed, 
that has left them in possession of but a small available surplus. No one who 
does justice to the Mexican nation can refuse to acknowledge the exemplary 
manner in which she has endeavored to satisfy her creditors, to the unstable 
dispai'agement of national interests. 

The actual amount assigned for the payment of the foreign debt during the 
residence of the constitutional government at Vera Cruz, and that, too, at a time 
when the re-establishment of peace was being laboriously worked out, and when, 
consequently, the country could ill sustain the heavy demands made upon it, 
speaks volumes in itself. 

The little faith manifested by his excellency Sir Charles Wyke as to the 
results of the financial law and the small value he puts upon the guarantees it 
gives to foreign creditors, do not seem to be shared iu by the parties themselves 
who are interested in the diplomatic conventions, since it; is only within the last 
few days that government had all but concluded an arrangement with them, the 
basis of Avhich would not have interfered with their present rate of interest, but 
it could not be perfected owing to her Majesty's envoy extraordinary having 
refused to sanction it. 

The same may be said of the creditors in the matter of the Laguna Seca 
" conducta." Gruided by natural instinct — so infallible a rule where individual 
interests are concerned — they did not, like Sir Charles Wyke, entertain any 
doubts about the prudence and sincerity of the government. And touching 
these said doubts, amounting, as they do, to an insult, his excellency ^all permit 
the undersigned to exhort him to commune with his conscience, and ask it 
whether or not the tone of his excellency's last communication is such as should 
be used by a creditor, calling himself generous and indulgent, towards a friend 
who is in his debt and overwhelmed by difficulties. 

It cannot escape the enlightened understanding of his excellency the repre- 
sentative of Great Britain that, in demanding from the government of the un- 
dersigned the withdrawal, within forty-eight hours, of the late decree, he simply 
demands an impossibility. Neither could the government initiate the with- 



86 THE PKESENT COM)ITION OF MEXICO. 

drawal, for it would be equivalent to initiating the reign of anarcliy and a 
general dissolution of society ; nor could cougi-ess, who liad carried this law 
almost by acclamation, and Avho were convinced of its vital importance to the 
republic, listen for a moment to such a proposition 

The protest with which his excellency her Majesty's envoy extraordinary 
concludes his note appears to the undersigned so much the more superfluous, as 
in his very first note upon this subject the imdersigned had, so to speak, also 
protested, but against the supposition that the last act of congress in any way 
affected the lawful rights of the persons interested in the public debt. 

The undersigned will further take the liberty of stating, with all due deference 
and respect to Sir Charles Wyke's sound judgment, that, very far from seeing 
in the suspension of relations, now announced by his excellency as representa- 
tive of Great Britain, an act due to the honor and dignity of England, he thinks 
it not improbable that all nations, who consider the matter impartially, will look 
upon this step as absolutely uncalled for ; and he therefore trusts that his excel- 
lency, while awaiting the instructions to which he alludes, will continue his 
friendly relations to this government, for the interruption of which there can bo 
no possible cause, while their maintenance will surely contribute to the satisfac- 
tory solution of the present difficulty. 

The undersigned, &c. 

MANUEL DE ZMIACONA. 



No. 16. 
[Translation.] 

Legation of France in Mexico, 

Mexico, July 25, 1861. 

Mr. Minister : I announced, in a note which I had the honor to address to 
your excellency yesterday, that if the decree of the 17th of July was not with- 
drawn and annulled within the period of twenty -four hours I should break off 
all official relations with your government. 

The term fixed by my note having expired without my receiving a satisfac- 
tory reply, I must regard your silence as a refusal to accede to my request. 

Consequently, I have the honor to inform you that from this moment all offi- 
cial relations are broken off between the legation of his Imperial Majesty and 
your government. 

I beg you to accept, Mr. Jlinister, the assurance of my very distinguished 
consideration. 

A. DE SALIGNY. 

His Excellency Mr. M'l de Zamacona, 

Minister of Foreign Relations, National Palace, Mexico. 

Washington, Sejjtcmber 21, 1861. 
A true copy. 

ROMERO. 



I 



THE PRESENT CONDITION OF MEXICO. 87 



No. 17. 

[Translation.] 

MEXICAN KEPUBLIC, DEPARTMENT OF FOREIG^T RELATIO^^S. 

National Palace, Mexico, July 25, 1861. 

The tindersigned, minister of foreign relations, has the honor at this instant 
to receive the note which his excellency the minister of France has pleased to 
address to him, announcing the suspension of his relations with the government 
of Mexico. His excellency Mr. de Saligny must have received the note which, 
at five o'clock yesterday afternoon, the undersigned had the honor to send to 
him, showing the absolute want of motive for a suspension of relations between 
the government of the Emperor and that of the Mexican republic ; and as little 
can there serve for cause of the resolution which Mr. Saligny announces that 
lapse of twenty-four hours, which it pleased him to fix upon in his last note 
but one, inasmuch as that was not received at this department until seven o'clock 
last night. 

The undersigned refers to what is contained in the last communication, and 
avails himself of this opportunity to repeat to his excellency the minister of 
France the assurances of his most distinguished consideration. 

MANUEL MARIA DE ZAMACONA. 

Mexico, JuIi/ 24, 1861. 
A true copy. 

LUCAS DE PALAIOS Y MAGAROLA. 

Washington, ^eptcvibcr 21, 1861. 
A true copy. 

ROMERO. 
To his Excellency Mr. A. de Saligny, 

Envoy Extraordinary and Plenipotentiary, h^x., of France. 



No. 18. 
Sir C. Wyke to Sefwr Zatnacona. 

Mexico, July 25, 1861, 5 p. m. 

Sir : The day before yesterday, at this hour, I had the honor of informing 
your excellency that if the decree of the 17th instant was not withdrawn within 
forty-eight hours I should feel it my duty to suspend all official intercourse with 
the Mexican government until I should receive instructions from her Britannic 
Majesty's government as to the next step to be taken in a matter which not only 
implies the breach of a solemn international compact, but also carries with it so 
great a slight as almost to amount to a direct insult to the nation I have the 
honor to represent. 

The term having now expired within which I should have received a reply, 
and none having reached me, I take your silence as a refusal of my demand ; 
and I therefore from this time forward suspend all official relations with the 
government of this republic until that of her Majesty shall adopt such measures 
as they shall deem necessary under circumstances so unprecedented. 
I have, &c. 

0. LENNOX WYKE. 



88 THE PEESEXT CONDITION OF MEXICO. 

No. 19. 
Seizor Zamacona to Sir C. IVi/ke. 

[Translation.] 

Mexico, Juhj 25, 1861. 

Tlic undersigned, &:e., lias tliis moment had the honor of receiving from his 
excellency Sir C. Lennox Wyke, Sec, the note in Avhich his excellency is 
pleased to announce the suspension of his relations Avith the government of 
Mexico. 

Sir Charles Wyke must have received the communication which the under- 
signed had the honor of addressing to him at 5 o'clock this afternoon ; this will 
prove the utter absence of any motive for a suspension of relations betAveen the 
government of Great Britain and that of the Mexican republic. 

Neither can the: e be any cause for the resolution taken by Sir Charles Wyke, 
in the expiration of the forty-eight hours fixed by his excellency in his note of 
the 23d instant, (as the term to be allowed to government for answering the 
ultimatum,) inasmuch as it was only 7 o'clock in the evening of the 23d that the 
above note was received at government house. 

The undersigned, in calling attention to his last commmiication, avails, &c. 

MANUEL DE ZA^ilACONA. 



No. 20. 

Sir C. IVi/ke to Scfior Zamacona. 

[Private.] 

Mexico, July 26, 1861. 

Dear Sir : At 7 o'clock yesterday evening, that is, two hours after the ex- 
piration of the forty-eight hours in AA-hich I had required a reply to my note of 
the 23d instant, I received yours dated the 25th, to Avhich, consequently, I can 
only reply by a private letter, as its contents have in no Aray changed the reso- 
lution Avhich both the French minister and myself have been driA-en to adopt by 
the extraordinary and unjustifiable conduct of the Mexican goA^ernmcnt Avith 
reference to the decree of the 17th instant. 

A careful perusal of your aboA-e-mentioned note has convinced me that mine 
of the 23d, to Avhich it is a reply, has not been properly translated to you, as 
you put some things into my mouth AA'hich I ncA'er said, and so twist the sense 
of others as to give them a totally different meaning from AA'hat they really 
convey. 

Passing l)y this, howcA-^r, I Avill only revert to the really essential part of 
your note, Avliich is the refusal to rescind a financial scheme, the maintenance of 
Avhich, besides plunging the republic into further pecuniary difiiculties, Avill haA'c 
the effect of bringing it into collision Avith the tAvo first maritime poAvers of the 
Avorld, and that, too, in a quarrel Avhich you haA'e originated, and Avherc, permit 
me to say, you are quite in the Avrong. 

As I am, in thus Avriting to you, mifettcred by the reserve imposed in an 
official corronespdence, I may idl you i'rankly that you are leaning on a broken 
reed Avhcn yon trust to the sympathy of those Avhose interests Mexico has sys- 



THE PRESENT CONDITION OF MEXICO. 89 

tematically sacrificed to lier own. This is proved by the liistory of the foreign 
debt as applicable to the bondholders, which it would be well that j-ou shoiild 
carefully study, and you will then see that the repeated engagements made with 
them have up to the present moment always been either entirely evaded or only 
partially executed, as, for instance, Avhen after consenting to a reduction of 
interest of from 5 per cent, to 3 per cent, on the condition of receiving certain 
payments from the duties levied in the Pacific ports, they do not receive one 
sixpence from that source, and are only very partially paid from the Atlantic 
custom-houses. 

I will not dwell on the long and dreadful list of murders committed on my 
unfortunate countrymen, which, with one exception I believe, have remained 
unpunished from the date of your independence down to the recent dreadful 
butchery of poor Mr. Beale at Napolis. 

Do you think that these lamentable facts are calculated to gain our sympathy 
or inspire us with confidence in a people who thus violate their engagements 
with us, and kill our fellow-subjects with perfect impunity ? 

It is really time that the government of Mexico should open their eyes to the 
natural consequences produced by such conduct, and should become aware of 
the unfavorable opinion entertained of them in Europe. 

Whose fault is it that the country has been deluged in blood ever since the 
declaration of its independence, but that of its own citizens, in constantly making 
revolutions and carrying on a series of fratricidal wars amongst themselves, 
Avhich have reduced one of the finest countries in the world to misery, and so 
degraded its population as to make them dangerous, not only to themselves, but 
to everybody coming into contact with them I 

You appeal to the generous sentiments of creditors towards air unfortunate 
debtor bowed down by his difficulties, forgetting that that debtor, with only 
common prudence Avithin the last six months, might at this moment be actually 
free from debt, had he not wilfully and recklessly squandered the millions be 
then had at his disposal. 

As to the mode of payment proposed to certain British claimants, to which 
you allude in your yesterday's note, it was so impracticable as to be unaccepta- 
ble to all of them, when its real nature was pointed out to them. 

With regard to what you say about the Laguna Seca robbery and the lega- 
tion outrage, it is useless for the Mexican government to deceive itself, by calling 
the former an "occupation of funds," and the latter a deed performed by the 
" functionaries of the reaction." The first was a theft, and the second an un- 
heard-of violation of intei-national law, committed by a govennnent recognized 
by every European nation, and for both these crimes, as yet unattoned for, 
Great Britain will surely hold this republic fully responsible. 

I have already extended this letter to an undue length, and must therefore 
conclude, but, before doing; so, let me ao-ain urs-e you, for your own sakes, to 
retrieve the fatal error you have made with regard to this decree, by immediately 
withdrawing it ; for otherwise all official intercourse between this legation and 
your government becomes impossible, and you will remain with the responsibility 
attaching to an act Avhich, both in form and. substance, is perfectly unjustifiable. 

Trusting that you will receive Avhat I have now written in the spirit which 
really dictated these lines, I will take leave of a subject which is a much more 
serious one than seems to be supposed by the Mexican government. 

In a second note of yours, received yesterday, you complained that my note, 
wi'itten at 5 o'clock on the 23d, only reached you at 7 o'clock on that day, and 
that consequently, in writing to you yesterday at 5 o'clock, you had had only 
forty-six instead of forty-eight hours' delay before the suspension of official re- 
lations. 

This I regret, but it was not my fault, as on both days I despatched my note 
from here at half-past five in the afternoon. In point of fact, however, the two 



90 THE PRESENT CONDITION OF MEXICO 

hours thus lost are of no importance, as you refuse to Tvithdraw the obnoxious 
decree. 

Believe me, &c., 

0. LENNOX WYKE. 



No. 21. 
Senor Zajyiacona to Sir C. WyJce. 

[Translation ] 

Mexico, July 27, 1861. 

Mv Dear Sir : I have had the honor of receiving your letter of yesterday, 
and I am glad that it gives me the opportunity of asking you to listen once 
more to the voice of one who is as sincere as he is honorable; of one Avhose 
love for his country is only excelled by his love of justice and reason ; of one 
who is confident that you will be brought to do justice to the intentions of the 
Mexican government, for, as if by inspiration, he knows you to be possessed of 
similarity of sentiment with himself. 

It cannot be that, talented and generous as you are, you have yet thought it 
strange that government should refuse to withdraw the decree of the 17th instant. 
Your conscience must tell you, M. le Ministre, that it is an impossibility you 
ask of government, for how could they entertain your proposition 1 The mere 
j)reliminaries for the suspension of a law which had passed congress Avould take 
up more time than what you have allowed for deciding whether or not our offi- 
cial relations were to be maintained. This single tact would account for the 
position taken up by government, as well as for their determination to meet 
boldly dangers and difficulties, oven greater than those which you have had the 
goodness to warn me against. 

Such a step as the one you now propose, if taken by Mexico, could not but 
prove suicidal to her political standing as a nation, for it Avould be equivalent to 
the surrender of her constitution and her sovereignty into the keeping of the 
foreign diplomatic body, and that, too, in a matter where my inmost conviction 
tells me that justice is on our side. 

Still, as in the correspondence which has passed between us during the last 
few days, I had seen the opposite doctrine sustained, and heard the conduct of 
my government qualified repeatedly as unjustifiable, I began to distrust my own 
convictions about equity and common sense, so much so that I sought to justify 
myself and my country by a reference to international law, and I can only say, 
now that the work of reference is over, that my former convictions are only the 
more confirmed. 

I perceive, M. le Ministre, that writers on international law hold it to be a 
general principle, that any change of circumstances, or the positive inability of 
one of the })arties in a contract to fulfil the same, does of itself nullify a bond ; 
and since I likewise, in my turn, may be permitted to avail myself of the advan- 
tages of a private letter, I will take the liberty of doing what might be con- 
sidei'ed in the light of pedantry were I Avriting to you officially, and make 
certain quotations which bear upon this question. 

Grotius and Corcellus hold that " the obligation which results from a compact 
becomes null and void so soon as its fulfilment becomes impossible." Wheaton, 
too, has the followhig passage: "Treaties may be avoided, even subsequent to 
ratification, upon tlie ground of the impossibility, physical or moral, of fulfil- 
ling their stiiiulations. Physical impossibility is where the party making the 
stipulation is disabled from fulfilling it for want of the necessary physical means 



THE PRESENT CONDITION OP MEXICO. 91 

depending on liimself." In Martens we read, "Physical impossibility in a 
nation to fulfil treaty engagements absolves it from the obligations of the com- 
pact, but not from the obligations to make indemnity, should it be proved that 
the physical impossibility could have been foreseen, or that it was caused by tlie 
nation itself." And Heffter has the following remarkable sentence: "The con- 
tracting party may refuse to fulfil his engagements, when their fulfilment becomes 
impossible and is likely to remain so, even though the contract be violated ; 
more especially if private duties, or the rights and wellbeing of a people are con- 
cerned." 

I could go on quoting, but I should exceed the limits of this note were I to 
bring forward the numerous authorities upon this recognized principle of inter- 
national law. _ • 

There is, M. le Ministre, something inexplicably harsh in denying the right 
of Mexico to the sympathy of her creditors, and in saying that she has syste- 
matically sacrificed their interests to her own. 

I had already, before receiving your advice, studied the history of the English 
debt, and my research has shown me that from the very date of the London 
loan the republic has been a loser, its actual loss amounting to something like 
8,000,000 dollars; that when bonds were issued in the year 1824 she did noth- 
ing less than make good at par wiiat she could have made good at 50 per cent. ; 
that later on she lost several millions in the failure of those British firms Avho 
had been mixed up in the business; yet, that still, notwithstanding the civil 
war which has for years been raging in the country, she has made the bond- 
holders such remittances as cannot but have filled their pockets beyond Avhat 
could have been expected, considering the circumstances of the country. But 
this refers solely to the exterior debt, which perhaps has suffered less than any- 
thing else from the vicissitudes Mexico has had to undergo, since, at all events, 
this particular debt has been attended to with something like the very care and 
method which the government is desirous of emplojing in respect to the entii-e 
public debt. 

While her Majesty's legation is talking about the history of the exterior debt, 
it would be Avell if, instead of turning their attention solely to the question of 
the London loan, which has no diplomatic character Avhatover, they looked into 
the matter of the British convention, and stated frankly who really have been 
the sufferers in this business, and who have had to make sacrifices and undergo 
hardships. Let them say whether or not the republic has come off scot-free, 
when in the midst of her difficulties she has gone on punctually paying the as- 
signments of the British convention, and even increasing the rate of interest on 
those assignments. 

In one of my last official communications I mentioned to you that feelings of 
delicacy prevented my entering into the details of the convention queetion. I 
can, however, in a private letter call your attention to the kind of elements 
composing this diplomatic arrangement, and to the consequences resulting there- 
from ; indeed, it is only a few days ago that an English paper in this capital 
brought the matter to light, and proved nothing less than that Mexico had been 
paying for some tobacco concern at the rate of two ounces for each box of cigars. 

As to the complaints which you have made about the robberies and murders 
tliat of late have been committed in the republic, though they have not solely 
been committed upon the persons of Englishmen, but equally upon Mexicans, 
nobody need have less cause to blush than those who, like the present govern- 
ment, are giving the most positive proofs of how much they are taken up with 
this subject, and of their anxiety to put a stop, at any price, to such atrocities, 
and who were actually on the point of procuring the means of carrying out their 
intentions, when those means were protested against by the British legation. 

Who, you ask, is to blame for the present state of affairs, and for the wars 



92 THE PRESENT CONDITION OF MEXICO. 

wliicli have been desolating the republic ? I will tell jou in all frankness, M. 
le Ministre, and you must not be astonished at what I am g'oing to say. 

If, as I suppose, you are well acquainted with what has happened since the 
date of our independence, you will find that the origin of the evil can be traced 
to circumstances over which neither our race in general, nor this generation in 
particular, had any control. It was no work of theirs ; while, as for what has 
taken place Avithin the last few years, foreign diplomatic agents are, in a great 
measure, responsible, for having recognized and given moral support to a hand- 
ful of rebels who were utterly repudiated by the nation at large. Such, at all 
events, is public opinion. 

In your last letter you still hold to the general but exaggerated notion, that 
m^ny millions of the late church property have been needlessly squandered 
away. My opinion upon this point, M. le Ministre, may be considered worth 
something, for no journalist has advocated more strenuously than I have done 
the necessity of a proper and organized administration of the property in 
question, yet I am sure that if the matter were reduced to figures, and the actual 
value of the church property put on paper, with the positive depreciation that 
value has undergone, owing to thp civil wars ; and if, moreover, there be taken 
into consideration the sums paid from this source towards the extinction of the 
national debt, the discount at which government has been compelled to transact 
their negotiations in order to realize this property, and the surplus which still 
remains, I am sure, I repeat, that the charge of having squandered away mil- 
lions will be found exaggerated. 

I cannot understand why you should qualify as impracticable the arrangement 
which the parties interested in the British convention had entered into with 
government. This, or any other analogous one, would be very feasible upon 
the bases laid down in the decree of the 17th for the guidance of the special 
finance committee. This decree has in no way sacrificed the rights of the 
public debt ; and nothing is asked for either by the government, the congress, 
or the country, but the permission to attempt the pacification of the country, 
and carry out their administrative reform. They claim but this. 

With respect to what you are pleased to say about the conduct of the chiefs 
of the federal army in having "occupied" certain funds at Laguna Scca, I Avill 
simply ask you whether you conceive the word "robbery" implies the idea of a 
future indemnity, such as Avas made voluntarily and at a great sacrifice on this 
occasion, as is proved by the trifling sum Avhich still remains unpaid ? 

As for the outrage at the British legation, I must correct a slight error you 
have made in referring to this act. It is not true that the authors of this out- 
rage, at the time of its commission, Avere recognized by the representatives of 
friendly poAvers. 

I thank you, in conclusion, most sincerely for the kind language you employ, 
while exhorting me to facilitate the rencAval of our relations by the AvithdraAval 
of the decree of the 17th instant; but it appears to me that the interest you 
profess in the matter Avould have lost none of its Aveight, and Avould have gained 
in dignity, had you accompanied it, by Avay of incentiA'e, Avith some proposition 
for an arrangement not incompatible Avith the honor of the nation, and less un- 
feasible than the essentially impracticable one you haA'c already made us. 

Hoping that you Avill liaA-e the goodness to consider avcH the obserA'ations I 
now off(;r, and flattering myself that tliey may lead to the re-establishment of 
our official intercourse, for the interruption of Avhich there is as yet no motive, 
I beg, &c. 

MANUEL DE ZAMACONA. 



THE PRESENT CONDITION OF MEXICO. 93 

Xo. 22 

[Translation.] 

MEXICAN REPUBLIC, DEPARTMENT OF FOREIGN RELATIONS. 

[Confidential and private.] 

Mexico, July 26, 1861. 

My Dear Sir : On the 24th, at five in the afternoon, I addressed you a note, 
infoi-ming you that if, within the period of tAve'nty-four hours, your decree of 
1 7th July was not recalled and annulled I ehould break off my relations with 
your government. Yesterday, at half-past five o'clock, not having aii answer, 
I had to address to you another note to notify this rupture to you. 

At six o'clock I received from you a first communication, of July, (no date.) 
In fine, at seven o'clock there was brought to me your second note, of the 
25th. In this you tell me that my note of ths 24th, despatched by me at five 
o'clock, had only reached you at seven. I can the less understand this delay, 
because at half-past five the envelope was brought to me to serve to note the 
time. 

For the rest your two last communications, containing a refusal to accede to 
my demand, I find myself, to my great regret, under the necessity of persisting 
in the resolution of which I notified you officially yesterday. 

I pray you to accept, my dear sir, the assurance of my most respectful 
lizards. 

A. DE SALIGNY. 

His Excellency Mr. Manuel De Zamaco.na. 

Mexico, July 29, 1S61. 
A copy. 

LUCAS DE PALACIO Y. MAGAROLA. 

Washington, September 21, 1861. 
A true copy. ROMERO. 



No. 23. 

[Translation.] 

MEXICAN REPUBLIC, DEPARTMENT OF INTERIOR AND FOREIGN RELATIONS. 

Saturday, July 27, 1861. 

Very Esteemed and Respected Sir : I do not consider that I should add 
anything to the explanations which I had the honor to make to you officially in 
regard to the hour at which I received yoiu- communication of the 24th instant, 
beyond the solemn protestation that my answer was sent to the French legation 
before the expiration of the period which, in your said communication, was fixed 
upon for the abrogation of the decree of the 17th instant, and the interruption 
of our official relations. 

Although you have thought proper to carry this last measure into effect, I do 
not yet find sufficient reason to cause it, and this induces me to take the liberty 
to enclose herein a copy of the reflections which I have addressed in a private 
letter to the English minister in respect of the resolution he has taken in the 



94 THE PEESENT CONDITION OF MEXICO. 

same direction as yourself, the grounds for -wliicli Le tlionglit projDer to state, 
witli some fullness, in a letter whicli he addressed to me yesterday. 

I do myself the honor to subscribe myself your most obedient, humble servant. 

MANUEL MA. DE ZAMACONA. 
His Excellency A. Dubois de Saligny, 

Minister of France, Sfc., ^r., S^c. 

Mexico, July 29, 1861. 
A copy. 

LUCAS DE PALACIOS Y MAGAEOLA. 

Washington, September 21, 18G1. 
A true copy. 

ROMERO. 



No. 24. 

[Translation. — Extract.] 

MEXICAN KEPUBLIC, DEPARTMENT OF FOREIGN RELATIONS. 

No. 34.J National Palace, Mexico, August 29, 1S61. 

The political review, and the copies enclosed to you of the instructions ad- 
dressed under date to Mr. Don Juan Antonio de la Fuente, and of one of the 
private notes to Avhich they refer, will impress upon you the character of the 

public situation of Mexico, and of the state of the diplomatic question. 
********** 

As for the rest, you may hold as reproduced the recommendations which a 
month ago were made to you to resort to all opportune measure, to rectify the 
ojiinions which people purposely seek to lead astray in what relates to the acts 
of the Mexican government. 

"With this motive I renew to you the assurance of my respectful consideration. 

ZAMACONA. 
The Charge d'affaires 

of the Republic, at Washington. 

Washington, September 21, 1861. 
A copy. 

ROMERO. 



No. 25. 

[Translation. — Extnvct ] 

MEXICAN REPUBLIC, DEPARTMENT OF FOREIGN RELATIONS. 

National Palace, Mexico, Ai/gust 29, 1861. 

Amoug the documents which I send with this communication you will find 
those which brought to a close the conrespondencc this department had with the 
legations of France and England on the subject of the decree u])on the suspen- 
sion of payments, which it was not possible to send you a mouth siiic3 in com- 



THE PRESENT CONDITION OF MEXICO. J^^ 

plete condition, because the last notes, as you can see, are of a date later than 
tlie sailing of the packet. 

The correspondence being closed, the apparent position of the two ministers 
of England and France has been that merely of expectation. Under these cir- 
cumstances, nevertheless, both, and very especially Mr. de Saligny, have dis- 
played during all the month a system of incessant hostility which puts forth 
plainly their purpose to edge things along to a foi-mal ruptm*e, and to frustrate 
the efforts which the government, with energy and in good faith, has made and 
is making to give a worthy and satisfactory solution to the question of the 
foreign debt. 

That you may be thoroughly informed upon this question, and may appreciate 
accurately the conduct of the representatives of England and France during 
tliis last period, it may be convenient to give you a compendious review of the 
labors of the administration, and of the most important political events in the 
course of the last month. 

In the state in which things stood upon the organization, about the middle of 
July, of the present cabinet, no question presented so much importance as that 
of finance. The consolidation of reform, the pacification of the country, the 
establishment of the national dignity, the abolition of vexatious exactions, and 
niinous operations for raising revenue, all depended upon the government bring- 
ing them about in a sure and regular mode. 

Hence sprung the idea of anticipating the receipt in the general treasury of 
all the federal revenues without any exception, and of organizing the army and 
the civil service with the strictest economy, completing this refonn by framing 
an economical estimate as far as possibly could be done. The government, 
tlierefore, since the publication of the decree of the 17th of July, has been 
eaigaged in dictating the most stringent orders for giving effect to the consolida- 
tion of the revenues in the general treasury, in framing the estimate, which it 
has succeeded in reducing to little more than eight millions, and in regulating 
the civil service and the armed force upon a footing and groundwork which is 
given in detail in the said estimate, and Avhich may satisfy all the desires of 
public opinion on the head of economy. But these labors, fertile for the future, 
cannot yield any immediate fruits of alleviation and of regularity in the public 
finance; the disturbed condition of the ordinary communications Avith the coasts 
and the frontier States, the habits sprung up among the governments of the 
States of not respecting the federal revenues, and the pretext at this time given 
for it by the necessity of exterminating at some points the armed residuum of 
the reaction, made necessary some interval of measures progressively energetic 
and effective until Mexico realizes the receipt of all the returns from the custom- 
houses; on the other hand, the most important savings, which are those con- 
nected with the organization of the army, could not for the most part be instan- 
taneously reduced to practice with the forces that are actually in campaign, the 
estimate for which it was indispensable to provide for in some manner so as not 
to paralyze operations. It followed from all this that, before reachmg the fruits 
of the administrative aiTangement proclaimed in the middle of July, an interval 
must be passed through of serious difficulties, and that their solution was a pre- 
liminary question. The solution on which the government decided was to seek 
some way by virtue of which the revenues which were scattered among the mari- 
time custom-houses should be gathered in here at once, and to this end an under- 
standing was had with the most influential individuals among the merchants and 
capitalists, combining arrangements into which very strong inducements entered 
that could do no less thaa be of common benefit. Among the documents 
annexed to this note you will find the conditions of this arrangement. But 
because of it the systematic and implacable hostility of the French minister, 
and the efficient aid lent him by Mr. AYyke, has made itself especially noticeable. 
Both have given foreign merchants to understand, almost at the beginning of 



96 THE PEESENT CONDITION OF MEXICO. 

the arrangement indicated, that every combination connected with the returns 
from the maritime custom-houses was very dangerous, because they might be 
occupied at any moment by the naval forces of England and France. These 
ill-intended intimations frustrated the combination referred to, and the govern- 
ment, obliged to push forward vigorously the military operations in order to 
realize the important triumph which it obtained on the 14th over Marquez and 
his people, found itself under the necessity of ordering the extraordinary con- 
tribution from capital, of which the decree, included among the documents 
annexed, makes mention. Upon the ground of this odious and repugnant mea- 
sure Avliich was forced iipon the government by these same foreign ministers, 
they have attempted to carry out a new class of hostilities. The legations of 
England and France, so condescending towards Zuloaga and Miramon on the 
four occasions when they decreed and collected the like imposts, have been 
at pains at this time to make of this business a question with the diplomatic 
body, and, were it not for the impartial and energetic rejection by the minister 
of the United States, would have attained their object. Failing of this, they 
have instructed their countrymen to resist by all possible means the collection 
of the contribution. The minister of Prussia, under the guise of friendly 
advice, came to make, orally, at this department, a movement against the impost 
decreed. The charge d'affaires of Ecuador addressed to me afterwards a note 
upon the same subject, a note which, with the correspondent reply, you will find 
among the annexed documents. 

The measures Mr. de Saligny has been pleased to take to occasion difficulties 
to the government haA^e not stopped at this. 

The news of the complete rout which Marquez and his followers suffered on 
the 14th Avas received in ]\Iexico Avith spontaneous demonstrations of popular 
rejoicing, but Avithout any commingling of anything threatening, CA'cn against the 
co-religionists of the conquered faction. Those demonstrations, notAA'ithstanding, 
lent opportunity to Mr. de Saligny to give the diplomatic coi-ps to understand 
that he had been the object of an iusult, and even of an attempted assassination, 
and, to induce the other ministers to address the collective note, Avhich, Avith the 
reply and the rejoinder to AA'hich it gave place, goes also with the annexed doc- 
uments. As these notes indicate, there took place, on the occasion, a zealously 
conducted judicial in\"estigation, the principal documents in AA'hich I send to you 
in copy, and Avhich has placed beyond all doubt that the complaint of Mr. de 
Saligny had not the slightest foundation. 

The coincidence of this episode AA'ith the triumph of the arms of the gov- 
ernment OA^cr the factions headed by Marquez Avas nothing but the merest acci- 
dent. Mr. de Saligny, AA^ho uses his time to give all his moral support to the 
reaction ; Avho gaA-e asylum to some of its leaders ; avIio has sheltered ex-Gen- 
eral Eoljles until within a fcAV days, AAdien he slipped aAvay furtiA'ely from the 
capital to the interior; aa'Iio, abiising the immunities of his domicile, has covered 
the correspondence betAveen the military reactionists and those in refuge at the 
French legation ; Avho has couA'erted this into a focus of permanent conspiracy, 
which, published without the least concealment that the advent to poAver of a 
party of ultraists Avas close at hand, naturally took part in the dejection of the 
reactionary faction, on account of the feat of arras Avhich occuiTcd on the 14th, 
and perhaps had no other Avay of neutralizing the effect of that event tlian to 
make an unmerited and clamorous imputation against the progressiA'c party. 
The allusion to the recent ti'iumphs of gOA-crnment OA'er the factions presents an 
opportnnity to call your attention to the fact that, notAvithstanding the embarrass- 
ments Avith Avhich the government Avas to struggle before the fruits of the decree 
of the 17th of July can be practically realized, this arrangement has already 
proA'ed to be A'ery salutary, because the adA'antages obtained oA'er the arnuHl fac- 
tion are exactly such as Avliat the goA-ernment, strengthened by the resoiu'ccs 
Avhich the laAV cited, placed in its hands, could seasonably expect from the forces 



THE PRESENT CONDITION OF MEXICO. 97 

of General Ortega, which, otherwise, Avoiild have kept in position, giving room 
for the reaction to gather great increase. In virtue of these very measures it 
has become possible to re-establish the safety of the road between Mexico and 
Vera Ornz; it enabled it to move eastwardly a considerable force for the pur- 
pose of clearing the States of Tlascala and Puebla from the lingering bands 
which roam through them, and will be able to cause the main body of the army 
to set off to-day or to-morrow, in the direction of Queretaro, to give the final 
blow to reaction, by falling on the body under command of Mejia. The recent 
rout of Marquez has had a most important political effect. There Avas before 
much clamor about the lukewarmness and carelessness which, it was said, was 
entertained by some of the governors for the authorities of the union. The 
inaction of IJoblado, although he had at Guanajuato nearly six thousand men, 
appeared to corroborate such rumors; but, since the event at Talatlaco, the 
spirit of loyalty and of constitutionalism has become very perceptible in the 
States, and Mr. Doblado himself has addressed to the president protestations of 
sincerity and of adhesion, and has moved Avith his forces to Queretaro to operate 
in the Sierra in concert with the troops Avhich are going from Mexico. The 
immediate result of these movements Avill be to re-establish, in a durable man- 
ner, communication Avith the interiorr ; to put an end to depredations to AA^hich 
the people of the A-illages near Sierra have been A'ictims, and to give to the situ- 
ation a normal character, Avhich Avill influence public confidence A^ery much, and 
will put an end to the prostration of trade and the excessive scarcity of a cur- 
rency. By that time the goA^ernment Avill begin to see the fruits of the meas- 
ures it has dictated for concentrating the revenues, and distributing them method- 
ically and economically ; then Avill be the time Avhen it can be said that the 
constitution and public order rest on a solid foundation. All this, if Providence 
permits it to liappen, Avill be the fruit of the laAv of 17th July, and of the labors 
half hidden, but substantial and most important, Avhich liaA^e occupied the gOA'- 
ernment during the last month. If the prospectiA'e Avliich I haA'e laid before 
you be realized, the nation Avill never repent having decided to use the funds of 
the Penaud agreement, deposited in the monte^jio, (proA'ident fund,) and to send 
them to the camp of General Ortega, Avhose forces, now A'ictorious OA'er Mar- 
quez, were on the point of perishing Avitli Avant. But this prospective Avhich I 
have sketched may be dissipated like a mist if the ministers of France and Eng- 
land come forth successfully from their effort to draAv doAvn upon Mexico hos- 
tilities on the part of these two nations. The hopes of the republic to aA^ert 
this danger rest on you, and your patriotism and acknoAvledged iutelligence are 
essential guarantees of the situation which I haA-e, in a friendly manner, inter- 
pj?sed to describe. #»***** 

In speaking of the measures brought into play by Mr. de Saligny to depre- 
ciate our government, and giA'e plausible explanations of his conduct, I forgot 
to tell you of an incident Avhich it is proper to bring to your knoAvledge. By a 
former packet I sent you a copy of the correspondence had Avith the French 
legation about the delivery of the funds proceeding fi-om the Penaud agreement. 
You Avould perceive that the government steadily refused that delivery, resting 
on the A'ery text of the said agreement. Upon my coming into the department, 
Mr. de Saligny stated to me that the deliA'ery of those funds ought to be 
arranged before any other business, and assured me that he had in his hands an 
order of the gOA-ernment that they should be delivered to him, and had obtained 
from the president and my predecessor a A'erbal promise bearing the same mean- 
ing, in presence of all the diplomatic corps. I immediately ascertained that 
neither the one nor the other Avas certain. All that the president and minister 
of foreign relations promised in effect to the minister of Fi-ance, on an occasion 
upon which he came to the palace accompanied by others, his colleagues, was 
that the said fund, Avhicli had been for the moment taken on the day of a battle, 
would again be placed ancAv in deposit in the montepio before a week's end. 

H. Fx. Doc. 100 7 



98 THE PEESENT CONDITION OF MEXICO. 

This promise was religiously observed. Mr. de Salignj, notwitlistandiug, made 
the other ministers believe that this return was never made, and says publicly 
that the diplomatic corps is ready to bear witness that the president and minisi,er 
of foreign relations gave him their word of honor to make to him personally 
delivery of the fund deposited in the mentepio. By means of this confusion of 
particulars, and of this vile intrigue, he has succeeded in presenting the govern- 
ment to the public, and to the diplomatic corps, as regardless of its word of 
honor. This imputation may figure among the rej^orts of Mr. de Saliguy to 
his court, and it has appeared to me proper to explain to you the facts in 
detail. * * * # 

In view of what precedes you will not think that I dwell too much upon my 
recommendations that you should endeavor to rectify the unfaithfnl and angry 
reports Avhich Mr. de Saligny will, without doubt, make to his government 
upon the points to which 1 have above adverted, and that you may call the 
attention of the French government strongly to the marked effort of its repre- 
sentative to embitter the relations with Mexico by exciting embarrassment 
and difficulties in its administration, and inventing and publishing intimations 
intended to neutralize in public opinion the effect of those labors of organiza- 
tion which engage the government, and the advantages it obtains over its 
enemies. * # * * 

It also seems to be of much importance that in France as well as in England 
it should be understood that the Mexican government is disposed to accept any 
equitable and practicable solution on the question of the conventions ; that it 
had thought over various projects to this end, and had set at Avork all possible 
means to discover some extraordinary aid that would allow it to meet the public 
debt without detriment to other administrative measures which cannot be set 
aside. ****** 

It is of equal importance, in the belief of this government, that it should not 
permit to be passed by without notice the practical advantages which it has 
attained by the suspension of payment, notwithstanding the resistance which 
this measure has produced, and the hostility growing out of it, by which the 
government has been brought to a stand. 

It is very proper also to set right the exaggerations relating to the attempts 
upon the persons and property of foreigners, which are said to be made and 
making in Mexico, that it should be i;nderstood that in enlarging upon the 
reality of this matter there is a systematic purpose, and that if the government 
wishes to resort to active measures it is precisely because it is anxious to re- 
establish security throughout the republic. It is well to call attention to the 
fact that the greater part of the attacks which are discussed are the Avork of the 
rebel fiaction, to Avhich the representatives of England and France are lending 
moral aid at this very moment. 

It is proper you should knoAv and make it understood in Europe that the two 
last-mentioned diplomatists have, respectively, procured an organ in the press in 
this capital, and that the Estafelle and the Mexican Extraordinary receive the 
impassioned inspirations of Messrs. Wyke and Saligny, and give the most 
inexact and malicious versions of passing events. # # # 

I protest to vou on this occasion the assurances of my distinguished con- 
sideration. ' ZAMACONA. 

Don Antonio De La Flente, 

Minister Pleniiwteyitiary of the Mexican Republic at Paris. 

Mexico, August 29, 1861. 
A true copy. JUAN DE D. ARIAS. 

Washington, September 21, 1861. 
A true copy. ROMERO 



THE PRESENT CONDITION OF MEXICO. 99 

No. 26. 
[Translation. — Extract.] 

Mexican Legation to France, 

Paris, Scptemher 5, 1861. 
Our relations wdth France and England liave come to a very lamentable state. 
You will see by the copy, no less than by the slips annexed, the disposition of 
the French government, and what may be presumed of that of England, towards 
the Mexican republic. 

But I must recommend to you very specially the article from the " Times," of 
London, in which it is assumed that, by giving a certain latitude to foreign inter- 
vention, it will appear to be acceptable to the United States ; and upon this it 
appears to me to be useless to press upon your intelligence and zeal what this 
and that will place before you with clearness. I desire to speak of the impor- 
tance of doing everything possible to withhold the government of the American 
Union from any participation in this intrigue, and to incline to get rid of it if it 
should have been given. ****** 

I reiterate the assurances of my special and distinguished consideration. 

JUAN ANTONIO DE LA FUENTE. 
Don Matias Eomero, 

Charge d' Affaires of the Mexican Republic, Washington. 

Washington, Septemher 21, 1861. 

A true copv. 

ROMERO. 



No. 27. 
[Translation . — Extract.] 



No. 34.] Mexican Legation to France, 

Paris, Septemher 4, 1861. 

Unhappily, I have yesterday seen realized the apprehension which you men- 
tioned to me in your note No. 41, dated 31st August last past. The measures 
adopted by the governments of France and England, in consequence of the law 
published the 17th July, are openly hostile to us, and I believe you will be 
informed of them when this despatch reaches your hands. 

You already know, by my note referred to, that I could not obtain an audience 
which I had asked from the minister here for the 31st August, and that he fixed 
one for yesterday, 3d of March. The conference took place on the day, and 
lasted only a few minutes. I commenced by saying I had received from my 
government special instruction and charge to give to that of his Majesty the 
most ample explanations, upon what affected the sivbjects of France, under the 
new law, in virtue of which suspension of payment of the national debt was 
ordered. 

Mr. Thouvenel interrupted me, by saying that personally he had no dissatis- 
faction towards me ; but he could not hear those explanations. " We will 
receive none," he added, giving way to the greatest excitement. " We have 
fully approved the conduct of Mr. de Saligny; we have issued our orders, in 
concert with England, that a squadron, composed of vessels of both nations, ex- 
act from the government of Mexico due satisfaction, and your government shall 
learn from our minister and our admiral what are the claims of France. I have 



100 THE PEESENT CONDITION OF MEXICO. 

nothing against you, I again say, and I T\nsh that events would permit me to 
address you in more friendly language." " But it is very sad," said I, in turn, 
" that such a reply should be given to so just and simple a request as that which 
I have now made in the name of my government. But be it as it may, after 
the words you have addressed to me I ought not to insist for a moment that you 
should listen to me, nor is there any motive for continuing this conversation ;" 
and I cut it short, withdrawing without delay. 

The first consecjuence of this interview, in respect of the legation which I 
have the honor to conduct, is the interruption of diplomatic relations with the 
government of France. The declaration of Mr. Thouvenel, refusing to listen to 
what I had to say to him in the name of my government, the orders to employ 
force against my country, and the approval accorded to the conduct of Mr. de 
Saligny, which broke the relations Avith the federal government, everything 
pressed me to close this affair. To this end I addressed a note to-day to Mr. 
Thouvenel, copy of which I enclose. 

The second consecpence is, the unsuitableness of my presentation to the gov- 
ernment of England for the purpose of being received as minister from Mexico, 
because it is almost certain that this step would bring with it a new slight, such 
as we have just had here. I am also impelled to decide in this manner from 
the notice already sufficiently intelligible that in England, where it originated, 
and where it is most current, the shameless plot is on foot for European inter- 
vention in the policy and government of our country. You will have the good- 
ness to look at, in my correspondence of to-day, the note in which I discuss this 
question. ******** 

Before closing this note I miist say that if I have not asked for my passports, 
it has been that so serious a measure was not necessary, either in accordance 
with usage or the condition of things which might, perhaps, be brought aboiit 
by some occurrence ; and on the other hand, I believe that my remaining here 
may well be of some service to the republic. 

I repeat to you, sir, the assurances of my distinguished consideration. 

JUAN ANTONIO DE LA FUENTE. 

His Excellency the Minister of Foreign Relations, Mexico. 

A copy. 

ANDRES OSEGUERA. 

Washington, Septemher 21, 1861. 
A true copy. 

ROMERO- 



No. 28. 
[Translation ] 

Legation of the Mexican Republic at Paris, 

Paris, tieptember 4, 1861. 

Mr. Minister : As, in our conference of yesterday, your excellency showed 
me that you would not listen at all to the explanations which, by express order 
of my government, I was charged to make to you, having regard to the new 
Mexican law relative to the suspension of the payment of the national debt so 
far as this measure affects subjects of France; inasmuch as your excellency 
added that his Majesty's government had in all points approved iie conduct of 
Mr. de Saligny, who, because of that law, declared his official relations with 
my govennneiit interrupted ; and, in fine, according to what your excellency 



THE PEESENT CONDITION OF MEXICO. 101 

stated to me, that, acting entirely in concert witli tlie government of England, 
orders had been given that the minister of France in Mexico and his Majesty's 
admiral should come to an understanding with my government, your excellency 
will consider it to be very natural and very proper that I should accept the 
reality of this situation, hard and unexpected as it may appear to me, and should 
infer the necessary consequence — that the essential purpose of my mission is 
obstructed ; that is to say, regular communication with the government of his 
Majesty consecrated to the maintenance and cultivation of peace, especially 
when differences have arisen likely to disturb it ; that, in fact, I am no longer 
the organ of my government with the government of his Majesty ; and, in fine, 
that the suspension of diplomatic relations between France and Mexico, and 
the nature of those which are about to replace them, place me in the painful 
but necessary extremity of declaring, as a fact independent of my will, (a fact 
which I should see put out of the way with intense gratitication,) that this lega- 
tion suspends its relations with the government of his Majesty until that of 
Mexico give him instructions which may prescribe a different course. 

Accept, Mr. Minister, the fresh assurances of my most distinguished considera- 
tion. 

J. A. DE LA FUENTE. 

His Excellency Mr. Thouvenel, S^-c, Sfc, Sfc. 

A true copy. 

ANDRES OSEGUERA. 



Mr. SncaiS to Mr. Romero. 



Department of State, 
Washington, September 24, 1861. 

Sir : I have read with much interest and instruction the papers relating to 
the differences between your country and several of the European States, which 
you submitted to me with your note of the 21st instant. 

It cannot, I think, be improper for me to say that these papers abundantly 
show that the Mexican government is entitled to very high respect, while the 
new embarrassments of your coimtry cannot fail to awaken in her behalf a pro- 
found sympathy among the American people. 

I avail myself of this occasion to renew to you the assurances of my highest 
consideration. 

WILLIAM H. SEWARD. 

Senor Don Matias Romero, ^v., d^r., i^-c. 



[Tianslation.] 
Mr. Romero to Mr. Reward. 



Mexican Legation of the United States, 

Washington, September 30, 1861. 
Mr. Secretary : It being now beyond all doubt, as is shown by the most 
recent advices from Europe, that the Spanish government has determined to com- 
bine its action with that of France and England in the aggressive measures 
which those powers are preparing to take against Mexico, and to move hostilely, 



102 THE PRESENT CONDITION OF MEXICO. 

at once and without tliem, against that republic, we think proper, in virtue of 
the relations of friendship and good neighborhood which bind ]\Iexico and the 
United States, to state to you summarily, for the information of the government 
of this country, what is the existing state of the questions pending between 
Mexico and Spain. 

Passing by the just and too numerous causes for complaint Avhich Mexico has 
against the government of her Catholic Majesty as not belonging to the case re- 
ferred to here, I will restrict myself to enumerating those which the cabinet of 
Madrid alleges it has against the Mexican republic, because those may probably 
be what has decided the assumption of the hostile attitude which is now being 
taken towards Mexico. 

These sufficient grievances are reducible to two: the first is, the expulsion from 
Mexico, decreed in January, 1861, of Don Joaquin Francisco Pacheco, who left 
Madrid the year before with the appointment of ambassador of her most Catholic 
Majesty; and the second is, that the Mexican government does not consider itself 
obliged to fulfil the stijDulations of a singular document to which the name has 
been given, as pompous as inappropriate, of " Tratado Mon Almonte^ 

In regard to the first, I had the honor to show to your department, under date 
of February 4, of the year last past, what were the motives which determined 
the government of Mexico to order the expulsion of Mr. Pacheco whose con- 
tinuance in the country was considered as incompatible with the maintenance of 
peace and public tranquillity, from the active participation he had taken in the 
civil war Avhicli then affected the republic, and from the decided measures he 
took to sustain the rebel faction, which ended in defeat by the people of Mexico. 

As, unfortunately, Mr. Pacheco had left his country im-ested witli the high 
character of representative of her most Catholic Majesty, the enemies of Mexico, 
who desire to provoke foreign wars, to profit by means of them, availed them- 
selves of the incident to endeavor to cause the belief that by the expulsion of 
Mr. Pacheco, the government of Spain was insulted, in which opinion the gov- 
ernmeiat at Madrid did not hesitate to become a partaker. 

The government of Mexico has declared repeatedly, in various official docu- 
ments, that it was not its intention in any manner to offend that of her Catholic 
3Iajesty, with which it sincerely desires to arrange the pending differences, and 
to re-establish that accordance of good relations which ought to exist between 
both countries, because no official character, whatever, Avas observed in Mr. Pa- 
checo, because he had never been accredited near the constitutional government, 
and was, in fact, nothing else than a foreigner, Avho, by his imprudent conduct, 
had placed himself in the category of those whom the Mexican laws denominate 
as pernicious. Among the copies which I have the honor to enclose of docu- 
ments noticed in the annexed index, you will find two circulars which Avere 
published opportunely, and Avhich confirm what I have just said. 

The government of Mexico, however, did more; it gave instructions to a 
minister, -whom it sent to Paris in May last, that he might go to ]\radrid to make 
these explanations directly to that of her Catholic Majesty, fully empowering 
him at the same time to conclude a settlement of the differences then pending. 
It seems scarcely credible that the Spanish government Avhich, for seven months 
had been writing to hear these explanations, without meantime resorting to vio- 
lent measures, should take them in hand just when on the eve of receiving such 
explanations. 

The treaty called Mon Almonte, was signed at Paris on the 26th September^ 
1859, by Don Juan N. Almonte, in the name of the rebels who occupied the 
city of ]\Iexico, but could not represent the Mexican republic, because they had 
risen in revolt against the constitution of the country, and were evading the ob- 
servance of its laws to such degree that the constitutional government of the 
republic, which had been lawfully elected by the people, and had not ceased to 
exist for a single instant, was sojourning for the time at Vera Cruz ; was recog- 



THE PRESENT CONDITION OF MEXICO 



103- 



nized, strengthened and upheld by three-quarters of the Mexican territory, and 
an immense majority of the Mexican people, and had been acknowledged as the 
sole government of Mexico since April, 1S59, by the United States. The cir- 
cumstance of the non-residence of the government in the city of Mexico, Avhich 
had been before, and is now again the capital of the country, and that the rebels 
were acknowledged as the government of the republic by three or four European 
powers, could in no way change the nature of the rebellion, nor cause the fun- 
damental laws of Mexico to lose their power. 

The representative of the constitutional government at Paris protested re- 
peatedly against the conclusion of the convention, before and after it was 
signed. The government of Mexico also solemnly protested against it as soon 
as it had notice of its conclusion, and in anticipation had formally declared that 
the rebels lacked the authority to pledge the nation, and that settlements which 
might be made with them would be null and of no avail. Among the annexed 
documents, I remit a copy of some of the protests to which that convention 
gave rise. 

I avail of this opportunity to repeat to you, sir, the assurances of my distin- 
guished consideration. 

M. ROMERO. 

Hon. William H. Seward, Sfc., <^r., ^r. 



[Translation.] 

Index of documents which, with date of to-day, the Mexican legation remits to 
the Department of Slate of the United States, upon questions pending hetween 
Mexico and Spain, annexed, to note of this date. 



No. 


From whom and to whom. 


Date. 


Contents. 


1 
2 


Mr. Ocampo to Mr Pacheco 


1860. 
Jan. 12 
Jan. 15 

Jan. 25 
Feb. 21 

1859. 
July 9 
June 8 
Kept. 26 
Dec. 5 
Oct. 4 
Oct. 5 
Oct. 22 

1860. 
Jan. 20 


Order of expulsion. 

Circular to Mexican legations, stating 


.S 




the motive for the expulsion. 
Circular to the Mexican States. 


4 
5 


Mr. Zauo to Mr. Calderon Collanty. 
Mr. Lafrague to Mr. Ocampo 


Explains the expulsion. 

Remitting protest. 
Protest. 


7 




Monalmonte convention. 


8 

9 

10 

11 

12 


Mr Ocampo to Mr. Mat I 

Mr. Lafrague to BIr. Almoute 

Mr. Lafrague to Mr. Ocampo 

Mr. Lafrague to Mr. Ocampo 


Instructions. 

Protest. 

Copy of former protest. 

With protest No. 6. 

Protest of Mexican government. 



Washington, September 30, 1861. 



104 THE PRESENT CONDITION OF MEXICO 

Ko. 1. 
[Translation.] 

Secretary of State and Foreign Relations, 

Mexico, January 12, 1861. 

His excellency the constitutional president ad interim cannot regard you but 
as one of the enemies of his government for the services you have rendered in 
favor of the rebel usurpers who have occupied this city for the past three years. 
For this he orders that you depart from this and the republic without further 
delay than may be strictly necessary to prepare and make your journey. 

As all other friendly nations, his excellency the president respects Spain, 
but your sojourn in the republic cannot longer continue. The consideration 
which moves his excellency to this resolution is therefore entirely personal. 

OCAMPO. 

To Sr. D. Francisco Pacheco. 

Certified to by Benito Gomez Farias, under secretary. 

Washington, September 30, 1861. 

Tnie copy. 

ROMERO. 



No. 2. 
[Translation.] 

Department of State and Office of Foreign Affairs" 

National Palace, Mexico, Jamcary 15, 1861. 

In order that you may bring to the knowledge of the minister of foreign 
relations of the government near which you are accredited, the reasons why the 
president has thought proper to order the departure from the republic, of Mes- 
sieurs Don Joaquin Francisco Pacheco, Don Felipe Nery del Barrio, and Don 
Louis Clementi, archbishop of Damascus, as you will sec by the printed com- 
munications which accompany this note. I proceed to make a short statement 
with regard thereto. 

Mr. Pacheco came to the republic not long since, accredited expressly in the 
character of ambassador of her Catholic Majesty near the government (so called) 
which occupied this capital, and of which Don Miguel jMiramon acted as chief. 

A few days after his arrival he caused himself to be officially received by the 
rebel government, and besides the support which, in his official character, he 
thus lent to the faction which had succeeded in holding possession of the capital 
durhig the past three years, he, by his policy, his expressed opinions and his 
open influence, lent himself to the maintenance of the rebel government and the 
prolongation of the civil war. 

The constitutional government of the republic, which has never ceased to 
exist and to discharge its fmictions during this long period of civil war, not- 
withstanding its official relations with Spain have been interrupted, does not 
actually see in ]Mr. Pacheco the representative of her Catholic Majesty, with 
whose government the constitutionnl government of the repul)lic dt>sires to cul- 
tivate the best relations, and is ready to terminate existing difterenccs in good 
will, regnlating itself always by the principles of the strictest justice; but in 



THE PRESENT CONDITION OF MEXICO. 105 

■ordering the departure of Mr. Pacheco from tbe country, the government does 
so simply in the exercise of its prerogatives, viewing him only as a foreigner 
felling under the stipulations of the thirty-third article of our constitution. 

Mr. Nery del Barrio, for a long time minister of Guatemala, accredited to this 
republic, has not only had continued official relations with the rebels during the 
last three years, but has made his open partiality for the reactionary faction — 
to Avhich he lent his most decided support in the unhappy " cotip d'etat" of 
December, 1857 — a matter of public notoriety. 

This minister was almost the first who hastened to recognize the usurper, 
Zuloaga, and who mainly induced other mejnbers of the diplomatic corps to do 
the same. Notwithstanding, he took this unjustifiable step Avith the knoAvledge 
that the existing constitutional government was lawfully installed at Guanajuato 
iu January, 1858, 

The constitutional government cannot allow this gentleman, thus abusing his 
position, to continue fomenting civil war. For this reason it causes his depart- 
ure from the republic, without intending, however, that such a measure of internal 
policy should in any degree imply a hostile spirit towards the repubhc of Gua- 
temala, which Mr. del Barrio has represented. 

Don Louis Clementi has held in this country the mission of nuncio from his 
Holiness the Pope. His disposition, and the general tone of the roman court 
■which he has represented, has caused him to figure throughout the civil war as 
a partisan of the seditious clergy of the republic, who to the greatest degree have 
stained with blood the past revolution in this country under the pretext of 
religion. 

NoAv that the Mexican republic has, in the exercise of its sovereign power, 
declared religious liberty and the absolute independence of each other of church 
and State, the official representative of the Roman court can have no mission 
whatever to attend to near the general government of the republic. 

Neither of these gentlemen has been officially accredited near the constitu- 
tional government for the last three years. Consequently, their expulsion sig- 
nifies nothing more than an act of public order, which is carried into effect 
through the provisions of the supreme law of the land, and iu the exercise of 
the prerogatives with which the government is invested. * # * * 

Renewing the expressions of my consideration, I am, etc.. 

OOAMPO. 

To , Mexican Legation, at . 

Washington, September 30, 1861. 
True copy. 

ROMERO. 



No. 3. 
[Translation.] / 

Circular. 

Department of State and Office of Foreign Affairs, 

Mexico, January 25, 1861. 

Upon the establishment again of the supreme government in the capitol of the 
Tepublic, one of its first acts was to order the departure from the republic 
of Messieurs D. Francisco Pacheco, D. Felipe Nery del Barrio, and D. Louis 
Clementi, Archbishop of Damascus. 

With respect to Senor Pacheco, it had as a reason for his departure the 
palpable fact that upon his entry into the republic, by way of the port of Vera 
Cruz, where was located the legitimate government, this gentleman, far from 



106 THE PRESENT CONDITION OF MEXICO. 

making known his official cliaracter and maintaining a due neutrality, in view 
of the unfortunate circumstances of the country, which could not escape his at- 
tention, directed himself at once to this capitol, although there did not exist 
here any government until the return to this city of 1). Miguel ]\[iramon, Avhen 
he being replaced in a very strange manner in the presidency of the revolution- 
ary govei'nment, Sefior Pacheco hastened to present himself to him as ambassa- 
dor of Spain, recognizing Miramon just in the moments when, defeated at Silao, 
there only remained to him the shadow of power, which, thanks to the j^restige 
lent to him by the recognition of this same Senor Pacheco, he Avas able to pro- 
long for a few days more, during which the rebellious faction had time to per- 
petrate new scandals and to still further compromise the peace and good name 
of the country. 

Besides, public opinion revolted at the presence of Seiior Pacheco, and the gov- 
ernmeut was obliged to obey its dictates, for it pointed him out as one of the per- 
sons whose influence had the most strongly and openly favored the reaction. 

"With reference to Seiior Nery del Barrio, his acts iu favor of the so-called 
government of the reactionary party were a matter of public notoriety, and 
there applied to him nearly the same reasons which operated to cause the de- 
parture of Seiior Pacheo, and consecjuently his departure from the country was 
also a matter of necessity. 

Senor D. Louis Clemeuti, Archbishop of Damascus, had not any diplomatic 
character, and bei^ig manifest, as it clearly is, the great part which the clergy 
have taken in the struggle which has now been brought to so happy a termina- 
tion, it was not only just but a public necessity that he should leave the country. 

In expelling him, the only consideration was his open intervention in the af- 
fairs of the country, and not in any manner his religious character, because the 
government has proclaimed and will always respect entire freedom of religion. 

Such have been the reasons which have actuated these measures, which are 
purely personal, and need not affect in any manner the amicable relations which 
Mexico has maintained Avith friendly powers. 

The constitutional government, which is directing all its efforts to the perma- 
nent establishment of the peace of the coiintry, and Avhich esteems and respects 
Spain and Guatemala, and the Pontiiical States, the same as all other nations 
Avith Avhich it is bound by solemn treaties, Avill not omit any means AvhatcA-er to 
maintain Avith all the most perfect harmony, and to augment and render more inti- 
mate their friendly relations, and Avill endea\'or to act towards all Avith strict jus- 
tice, in order that the dignity and good name of the republic shall not be in any 
Avay compromised. 

In saying this to you for your knowledge .and that of the inhabitants of the 
State OA'er Avhich you Avorthily preside, it is also my duty to recommend to your 
excellency, in an especial manner, that all foreigners be fully protected in all the im- 
munities and guarantees Avhich are secured to them by international laAv and by 
treaties ; that the tribunals administer to them speedy justice, that they extend 
to them the protection required by our laAvs, and by the high character of the 
cause they sustain ; and very particularly, under the present circumstances, to 
Spanish subjects and citizens of Guatemala, in testimony that the goA'crnment 
is very far from considering the repulsion of the said Scuores Pacheco, Del Bar- 
rio, and Clemeuti in any other manner than a question jiurely personal. 

I take pleasure, Avith this occasion, in rencAving to your excellency the assur- 
ances of my esteem and consideration. God, liberty, and reform. 

ZARCO. 

His Excellency the Governor of the St.vte of . 

Washington, September 30, 18G1. 
True copy. 

ROMERO 



THE PRESENT CONDITION OF MEXICO. 107 

No. 4. 

[Translation ] 

DEPARTMENT OF STATE FOR FOREIGN RELATIONE. 

National Palace, Mexico, Fcbrtiary 21, 1861. 

The undersigned, secretary of foreign relations of the Mexican republic, has 
the honor to address himself to the secretary of state for foreign relations of her 
Catholic Majesty on the subject of the departure of Don Joaquin Francisco 
Pacheco from this republic, and of the reasons and circumstances Avhicli gave 
motive for it. , 

When Mr. Pacheco arrived at the port of Vera Cruz the supreme government 
of the nation was resident in that city; and Avhilst from respect for it, and for 
what is due to impartiality and to justice, and to the laws of neutrality which 
govern the intercourse of nations, and the conduct of their diplomatic agents 
abroad as ministers of peace, Mr. Pacheco, endued with a high otHcial character, 
ought to have recognized and presented himself to this government, whose cour- 
tesy observed for him considerations of every kind; the said gentleman had 
none for the legitimate authority which permitted him to enter the country freely, 
and he immediately took his way towards the capital of the republic, where he 
announced his official character at the time precisely in which, in that city, there 
existed not even the shadow of a government, which the rebel crew that for 
three years had to no purpose stained the country with blood, had erected. 

At the time of the arrival of Mr. Pacheco at this capital, Don Miguel Mira- 
mon had broken and lost even what he called titles to authoi-ity which had been 
given him by Don Felix Zuloaga, by assuming the chief authority over the revo- 
lutionary faction, an authority which Zuloaga attempted to reassixme, and which 
Don Miguel Miramon refused to give over to him. 

Such a state of things, which was the logical and natural result of the prin- 
ciples adopted by the men who sought to arrogate to themselves, and were 
quarrelling among themselves about the chief power over the nation, A\'ithout 
having obtained even for a single day, either its sanction or even its assent, 
compelled the diplomatic corps which was then in Mexico to disregard them, 
and in effect they were disregarded, not without one of the foreign representa- 
tives having made explicit declarations on which he formed his resolution to 
leave the capital, breaking oif all relations with those who ruled there. 

But although in this way Don Felix Zuloaga, as -wx'll as Don Miguel Mira- 
mon, were themselves absent upon the arrival of Mi-. Pacheco, their authority 
did not extend a foot beyond the precincts of three cities, and Miramon, finally 
routed at Siloa, lost at that battle every trace of his supposed power. He re- 
turned afterwards to the city of ]\Iexico without any force or prestige, and it 
was precisely at that time, when, to the general astonishment, Mr. Pacheco re- 
cognized him as the supreme magistrate of the nation, and presented himself iu 
his official character as the representative of her Catholic jMajesty ; thus, at least, 
lending his moral support to the rebel band, and thus contributing, as he best 
coiild, to the prolongation of the civil war which was then touching upon its 
close. 

Divine Providence chose, notwithstanding, that the rebellion should succumb 
a little while after, crushed beneath the weight of its own crimes and by the 
sovereign will of the entire nation. 

This result, assuredly glorious, because it was not stained by any acts such 
as usually accompany those of its kind, came, nevertheless, with the omnipotent 
force of truth to place in strong light the acts and vindicate the privileges awhile 



108 THE PRESENT CONDITION OF MEXICO. 

disregarded, of justice and of legitimacy, and in consequence, precisely because 
of the loyalty and proper spirit which governs the public sentiment of the 
country, it demanded on the close of the Avar that those should depart at once 
who were considered as causes of its disorders and misfortunes. The knowledge 
and conviction of those causes dwelt in the consciousness of the nation, and, in 
that of the government, the obligation to pro"vade at once for what the public 
advantage requu-ed, by thus removing all motives for further disorders and dis- 
turbances. 

It was however painful, but obligatory, to remember that the conduct of Mr. 
Pacheco had been partial, as, in consequence of his actions public sentiment had 
pronounced it to be, and the government, in examining it, neither could nor had 
any reason to acknowledge him in a public character, because in his recognition 
of an expiring faction he disregarded the sovereignty of the nation, and its le- 
gitimate and ever unbroken government, and thus regarding the matter as en- 
tirely personal, his Avithdrawal was settled upon, providing withal that every 
accommodation should be at his call. 

This true and simple narrative will of itself suffice to explain satisfactorily, 
the retire'uent of Mr. Pacheco, and the undersigned discharges the grateful duty 
of solemnly declaring that, that personal and individual incident in no wise affects 
or lessens the frank and loyal desire Avhich animates the government of Mexico 
to maintain, cultivate, and strengthen with that of her Catholic Majesty the 
closest and most cordial relations. That, if it has indeed protested upon occa- 
sion, and repeatedly and publicly, against any treaty convention or arrangement 
emanating from the taction which, in the city of Mexico, assumed for itself the 
name of government, because for such treaties, conventions, or arrangements, no 
individual had any personality or lawful mission derived from the nation, whose 
great majority not only had never conceded to it the least right, but had striven 
Avithout ceasing for three years to exterminate it, this does not hinder the gOA'- 
ernment of the republic, firm in its purpose to do justice, from directing, with 
the efficient co-operation of the enlightened goA'ernment of her Catholic Majesty, 
their efforts for the smoothing aAvay to a happy end, the differences Avliich may 
haA'e arisen between Mexico and Spain, by resorting to AA^hatever means are 
afforded by sound justice, by the probity, and the mutual respect of the two 
nations. 

Nothing Avill be more grateful to the Mexican peojjle and its goA'ernment 
than to see re-established, frankly and honorably, the perfect understanding and 
cordial agreement Avhich should ncA'er haA"e been interrupted bctAveen the two 
countries, considering the friendly spirit Avliich has always influenced Mexico 
in her relations with the Spanish nation. 

Under these impressions, and in the assurance that the gOA'ernment of her 
Catholic Majesty is animated by like sentiments and desires, it Avill be A-ery 
satisfactory to that of the republic to receiA'c or send one of the many persons of 
talent, taste, and probity, avIio abound in both countries, and be able, through 
his adjustments, to giA-e that strength and cleA'ation to their fraternal relations 
Avhicli shall equal in degree that Aviiich their name, their ciAnlization, and their 
mutual interests demand. The present need of an agent of this kind, Avho may 
serve as the medium of communication betAvecn the tAvo governments, compels 
the undersigned to address himself directly to his excellency the minister of 
state for foreign relations, and in doing so, to make the ingenuous exposition 
which, precedes, he must, by the assent of the president of the republic, here 
giA'c utterance to the expression of the sincere Avishes fonned by the government 
of ^Mexico for the prosperity and aggrandizement of the Spanish nation, and for 
the happy reign of its august sovereign. 

At the same time the undersigned has the honor to offer to his excellency the 



THE PEESENT CONDITION OF MEXICO. 109 

minister of state for the department of foreign relations, of her Catholic Majesty,, 
the assurances of his high consideration, 

FRANCESCO ZARCO. 
His Excellency The Minister of State 

Fo7- Foreign Relations of her Catholic Majesty. 

Mexico, March IS, 1861. 

A certified copy. 

ZARCO. 

Washington, September 30, 1861^ 

A true copy. 

ROMERO. 



No. 5. 

[Translation.] 

DEPARTMENT OF STATE FOR FOREIGN RELATIONS. 

Mexican Legation, near H. C. M., 

Far is, July 9, 1859'. 

In compliance with your wish, expressed in your communication of May 3, last, 
I have the honor to send herewith an authenticated copy of the new protest I 
have made, which I shall at once print and put in circulation, that it may pro- 
duce the effect which the constitutional government may desire. 
I renew to you the assurances of my distinguished consideration, 

J. M. LAFRAGUA. 
His Excellency Don Mei.choo Ocampo, 

Minister for Foreign Affairs, Vera Cruz. 

Washington, September 30, 1861. 

A true copy. 

ROMERO. 



No. 6. 

[Translation.] , 

Department of State, 
Licgation of Mexico, near H. C. M. 

From the time when, in January, 1858, constitutional order was disturbed in 
the United Mexican States, the settlement of the differences pending between 
Mexico, and began to be considered as certain; this opinion was fouaded on a 
knowledge of the ideas which the administration that triumphed in the capitol 
of the republic, professed, and on the conduct, unhappily almost uniform, of all 
parties in the world which reprehend that done by an adversary, not so much 
for reasons of intrinsic justice, as upon considerations of political conveniency. 

During all the past year European periodicals, those of Spain especially, 
have annoiinced the settlement indicated, until within a few months it has been 
affirmed to be a business definitely concluded. The supreme constitutional gov- 
ernment kept silent while the convention was more or less probable, but now 
that it is announced as an a,ct consummated, it has considered that it should 



110 THE PRESENT CONDITION OF MEXICO. 

speak in the name of the nation, because, although to save the rights and 
interests of the Mexican people, the protest which, on the 16th March, 1858, I 
made and published in this capital, and which I repeated on the 6th July, in 
the city of Berlin, is without doubt sufficient, it is also very proper to repro- 
duce it now that it may not at any time be alleged that the silence of the legit- 
imate government was a tacit consent. In fact, in a note of the 3d of May, the 
minister of foreign relations notifies me that I should " at once make a fresh 
protest, insisting especially against the article upon indemnity." 

Wanting in official data about the before-mentioned convention, I am obliged 
to limit myself in judging of them to the advices published in the journals of 
TVIadrid. According to them the government presided over by Genei'al Zuloaga 
had agreed to punish the offenders, to indemnify the losses occasioned, and to 
fulfil fairly and plainly the treaty of the 12th November, 1853; that is, it has 
acceded to the three propositions which the Marquis de Pidal presented to me in 
June, 1857, as bases for the settlement of the differences between both countries. 
I will say nothing about the first; for its justice being acknowledged by me, 
I accepted it withovit any difficulty. As for the third, it is sufficient to reflect 
that the government of the republic has never refused to fulfil the treaty, and 
that I offered its fulfilment despite its intrinsic defects, but at the same time 
remonstrated against the improper introduction of some credits on the Spanish 
fund. The revision of these credits, which has been and is the only cause of 
dissatisfaction, was asked and maintained by Mexico from the 24th of March, 
1855; the Spanish government even yet does not respond to the note of that 
date ; it is therefore needless for me to dwell further on the demonstration of 
the magnitude of the consequences the nation must suffer if she precludes her- 
self from siich revision, because it not only involves the burdening of the 
public funds with more than two millions of dollars, but gives the character 
of a foreign debt to that which is domestic, openly contravening the treaty of 
1836, the convention of 1851, and the very treaty itself of 1853. 

According to the first, Mexico ought to pay the debt anterior to her indepen- 
dence as "her own and national;" and Spain " desisted from any claim or pre- 
tension on this point, and declared the republic free and forever acquitted from 
all responsibility in this matter." The credits referred to are anterior to the in- 
dependence. 

In conformity to the second, the credits of "Spanish origin," and ownership, 
"but not those which although of Spanish origin had passed into the ownership 
of citizens of another nation," could alone enter into the Spanish fund. The 
'•redits claim had belonged to Mexican citizens. 

According to the third " the credits w^hich had already been examined and 
liquidated in conformity with the convention of 1851, remain legally acknowl- 
fidged. Consequently, although credits may have been admitted by Mexico, if 
t were shown that they were not in conformity with the convention, must be 
excluded from the fund. This is the foundation and object of revision; this is 
the cause of the difference between Mexico and Spain; this is the just reason 
vipon which Mexico protests against the convention, and here, in fine, let it be 
said, is the want of justice wiili which the Spanish government refuses to admit 
of revision. The second proposition relating to indemnity for losses has been 
the fertile pretext for heaping abuse on my country and myself, without a single 
national foundation. " Mexico will indemnify losses," asked Mr. Pidal in his note 
of 23d June, 1857. Mexico will indemnify, I suggested on the 7th July, in 
accord Avith the representatives of France and England, "if it is proved illegally 
(legally?) that it is under any of those conditions in which, "according to the 
laws of nations," rulers nvQ liable for the acts of their subjects. A.s tliis was 
not accepted. Lord lIowden,on the same day, proposed, "Mexico will indemnify 
in conformity with the laws of nations." Mr. Pidal rejected this ; 1 accepted it. 

Where, then, is the refusal of Mexico to do justice 1 Where, then, the ini- 



A 



THE PRESENT CONDITION OF MEXICO. Ill 

quitous system which has been imputed to the government of the republic ? On 
which side are morality, the law of nations, and the civil law 1 Would Spain 
concede anything more to France, or France to England ? Why, then, exact 
from Mexico what is not sought from any other people 1 Great or small, rich 
or poor, Avell or ill- constituted, she is as sovereign as other nations of the earth ; 
and if she has the same duties as others she also has the same rights. 

This simple exposition is enough, faithfully accordant with truth, to demon- 
strate the intrinsic injustice of indemnity in decided tei'ms. Well, then, if this 
proposition was valid in July, 1857, Avhat will it be in June, 1857? If it was 
valid while the blood of the victims was still reeking, pending the proceedings, 
the truth ignored, the criminals living, and the law violated, what will it be 
when the victims are pacified, the causes disposed of, the facts known, the guilty 
punished, and the laws satisfied? If it were certain, when at least there Avas 
room for doubt, how will it be when there is nothing more than reason to think ? 
If, then, to grant indemnity at such time would be grave Avrong done to the re- 
public, what will it be to concede it now ? 

In the horrible catalogue of crimes gratuitously imputed to Mexico, there 
figures prominently, participation in attacks upon some Spanish subjects, at- 
tributed not merely to secondary agents, but to high functionaries to the govern- 
ment, even of General Comonfort. It was idle to allege on well founded reason 
that morality, justice, public utility, and even private interests made the act 
impossible. It was idle to ask what convenience and what object the govern- 
ment could have to operate in such manner, because, even for the commission of 
crime there is need of a motive, an object, a result. It would be idle, in fine, to 
offer as proof, the constant prosecution of the criminals, the incessant activity 
ui'ged upon the magistracy, the appointment of a special judge, the creation of 
an exclusive police, and the deference sometimes unduly yielded, and never ac- 
knowledged by the Spanish agents and parties interested in those lamentable 
occurrences. It was a cjuestion of party, and should be passed upon by party 
reasoning. It was an arm which mischance placed in the hands of the reac- 
tionary party, and which that party yielded without restraint against the gov- 
ernment to overthrow it if amid its blood-stained fragments the nationality of the 
republic should be destroyed. 

General Comonfort fell and the government Avhich succeded him in the capi- 
tal, hailed the journals of Madrid not only as impartial, but as friendly to Spain, 
upheld in the most perfect manner, the acts of the preceding administration. 
Composed of persons adverse to constitutional order, and triumphant after a 
contest of two years, it was natural that, if not out of hate or vengeance, it should 
at least, as an element of policy, bring about an elucidation of all facts. The 
suit in the San Vicente case Avas concluded Avithout any indications appearing of 
the crimes imputed to the gOA'erument, and in the mouth of September, five of 
the leading assassins suffered death. Here is fresh proof of the injustice with 
which the repubJic has been judged, because a sentence carried into execution 
is a truth. 

But by good fortune Ave can place ourseh'es on indestructible foundations, be- 
cause, if e\'ery sentence carries in its favor the presumption of being just, that 
of San Vicente reckons, besides, on two A-ery important circumstances. The 
first, that the judges Avho, on those occasions, passed sentence Avere appointed 
by General Zuloaga and belonged to the political party which ruled the capital. 
Therefore, any atteimation of the crime cannot CA^en be suspected, and much less 
any dissimulation in respect of those AAdio could be regarded as accomplices. 
The second is that of the five criminals executed, four were convicted and also 
confessed, and one only conA^icted. If all had been in this case it might perhaps 
have happened that, by exaggerating injustice into calumny, the sentence would 
have been attributed to error or to culpable carelessness, because it could be 
said that the judge, according to his personal inclination, had unduly AA'eighed 



112 THE PEESENT CONDITION OF MEXICO. 

the facts. But what proofs can be admitted against confessions ? The man 
w'ho now confesses himself guilty of crime, undoubtedly has committed it be- 
cause there are no longer tortures to extort from the frail body of man, revela- 
tions which his conscience does not dictate. Now then, if the jjrincipal criminals 
were punished, if, from the principal trial, there resulted none of those conditions 
under which, by the law of nations, governments become responsible, upon what 
can a claim for indemnity be founded ? It is true that some Spaniards haA^e 
been injured, but is that enough to make the nation responsible, especially when 
justice has been executed on the guilty ? To what Avould the independence of 
the republic be reduced if such a precedent could be established ? 

Offences thus submitted to an unsuitable examination, the public treasury would 
be at the mercy of ill-intentioned foreigners who, in a traffic as immoral as safe^ 
could speculate not only in merchandize but even in blood, and divide perhaps, 
portions of the one and the other with thieves and assassins. Will the govern- 
ments of Europe admit a principle so fotal among those which foiTu the law of 
nations'? Wherefore, then, apply it to Mexico 1 

It is therefore demonstrated that the convention, said to have been concluded 
by General Zoloaga with the government of her Catholic Majesty, is intrin- 
sically unjust and eminently prejudicial to the rights and interests of the Mex- 
ican republic. But even supposing that it may have been made in express- 
terms, even supposing it settled in accordance with equity, it cannot,, for that 
reason, be maintained. It would, perhaps, be just, it would, perhaps, be suitable 
enough, if you choose, but it would ahvays be void, because of its being con- 
cluded by one party utterly incompetent to act. 

Not having attained a settlement of the differences with the Marquis Pinal ^ I 
withdrew from Madrid, on the 1st day of August, 1857, after having presented 
to the Spanish government a memorandum, and when Spain had aheady 
accepted the mediation Avhich France and England had offered. There was- 
then already pending in Mexico this new negotiation, when, on the 21st Jan- 
uary, 1858, the reactionary government triumphed in the capital, and comEieuced 
that horrible civil war which, for seventeen months, has been destroying the 
republic. But that administration was, from the beginning, very far from being: 
a national government, and so it acknowledged itself, when, on first addressing 
itself to the Mexican people, it said expressly that perhaps " it would be no 
more than the government of some of the departments, and its representation 
would be such as the republic might choose to give it." And in fact it has been 
no more than a government of some cities, and the republic has not yet bestowed 
upon it a national representation. 

On the same day, March 16, last year, I received two orders diametrically 
opposed. By one the reactionary government provided that the legation which 
was in my charge should cease. By the other I was ordered to continue it by 
the constitutional government, Avhich had lawfully organized at Quanajuato, on 
the 19th January, that is, before its occupation of the capital, a circumstance 
which should not be forgotten. Not through any party affiliation, still less- 
through personal interest, but upon an intimate conviction that the government 
at Mexico was not the government of the republic, I found myself constrained 
not to comply with its orders, and moreover to protest against any convention 
it might conclude with the Spanish government. I knew well this course would 
be the subject of criticism and of ridicule, but as no act of my life has been 
taken with better or safer conscience, I deternnned to face not merely persecu- 
tions but somewhat worse — ridicule. I discharged my duty ; time has placed 
its ineffaceable stamp upon my protest, and, after seventeen montlis, wlint I 
wrote therein is true, because if General Zuloaga, in the first ten, could only 
govern a few States, General Miramon, his substitute, in the seven last, did not 
obtain recognition except in some cities, finding himself compelled to act on 
the defensive, even in the streets of the capital. 



THE PRESENT CONDITION OF MEXICO- 113 

The constitutional government lias to-day the same -well-established rights as 
then, because now, as then, it is law, it is not revolution. But the most impor- 
tant fact is that now it rules oyer wider territory, because now a majority of 
the people obey it ; because now it holds all the ports ; because now it is recog- 
nized by one of the principal nations. As I then said, a recognition by foreign 
ministers does not legalize governments Avhich can only owe their existence to 
the Avill of the people, but it is nevertheless a highly significant fact that the 
United States of America, which recognized in General Zuloaga a government 
de facto, have since recognized the constitutional government ; because this act 
at least proves that this is now more a government dc facto than then, and as 
its right has been ever the same it necessarily follows that it is the true gov- 
ernment of the republic. 

"Well, then, can acts done by illegitimate authority be obligatory on the 
nation % The contracts which weigh upon the public income, the mortgages 
and sales of ecclesiastical property, made in fraud of the law concerning mort- 
main, can such subsist when the government which passed these measures is 
not obeyed by full three-fourths of the Mexican people ? Certainly not; and if 
it is thus in treating of affairs with individuals, what Avill be the issue when 
treating of international matters. The first are serious and important, but the 
second much more serious and important, because such are not questions of 
money but of honor; because they not only prejudice the interests but also the 
rights of the republic ; because the acceptance of a Avrongful act is not only 
intimated thereby, but also the sanction of a wrong principle ; and because, in 
fine, they give rise not only to present evils, but bring on greater in the future. 
And as the constitutional government has decided to maintain the interests, the 
rights, and the dignity of tlie nation, and desires, in good faith, to arrange the 
diftereuces with Spain in a manner as sulistantial as honorable, it deems it in 
every view necessary to make known its determination in so important a matter. 
Therefore, in the name of the Mexican republic, I j^rotcst, in the most solemn 
manner, against any conventions Avhich the government established in the capital 
has concluded or may conclude with his Catholic ^lajesty, the legitimate gov- 
ernment, in consequence, continuing at full liberty to act as it may judge con- 
venient, and to reclaim all injiiries that may attach to the country. I repeat, 
also, that this government, complying with what it owes to others, will punish 
the guilty, will grant indemnities according to the law of nations, and will fulfil 
the treaty of 1853, always claiming the revision of the credits which Avere 
unduly included in the Spanish fund. 

No one can foresee the end of the civil war. Victory will give more or less 
importance to the fact of this protest ; but it will, at all events, be an authentic 
testimonial of the justice and good faith of the constitutional government. 

JOSE MARIA LAFRAGUA. 

Paris, June 8, 1859. 

Paris, Jime 9, 1859. 

A copy. 

A. ESCALANTE. 

Vera Cruz, December 29, 1859. 

A copy certified. In the absence of the chief ad interim, 

JOSE D. CABRERA Y E, 

Fourth Official. 

Washlxgton, September 30, 1861. 
A true copy. 

ROMERO. 

H. Ex Doc. 100 8 



114 THE PRESENT CONDITION OF MEXICO. 

No. 7. 

[Translation.] 

The president of the Mexican republic and her Majesty the Queen of Spain^ 
equally moved by the desire to put an end to the differences which unhappily have 
arisen between the tAvo countries, and to draw more closely the natural friend- 
ship which should exist between them, have agreed upon proceeding to con- 
clude a treaty which may re-establish the former relations between the twa 
states, and have for this purpose appointed as their plenipotentiaries, the presi- 
dent of the Mexican republic, Don Juan Almonte, general of division in the 
Mexican army, and envoy extraordinary and minister plenipotentiary of the 
Mexican republic near his Imperial jMajesty the Emperor of the French ; and 
her Majesty the Queen of the Spains, Don Alexandro Mon, knight of the grand 
cross of the royal and distinguished order of Charles III, of the imperial legion 
of honor of France, of that of Christ, of Portugal, and of the pontificate of 
Pius IX, deputy to the cortes, ex-minister of hacienda, member of the royal 
academy of San Fernando, and ambassador extraordinary and minister pleni- 
potentiary of her Catholic Majesty near his Majesty the Emperor of the French, 
Avho, after having exchanged their full powers, found in good and due form,, 
have agreed upon the following articles : 

Article 1. The principal criminals in the assassinations committed at the 
haciendas of San Vicente and Chinconcuaque having already been condemned 
by the courts and executed, undergoing personally the capital j^unishment im- 
posed upon them, the Mexican government will continue action in the prosecu- 
tion and punishment ©f the rest of the accomplices, who have thus far succeeded 
in eluding the action of justice, and in hastening all the proceedings, so that 
those may receive the punishment due for the crimes committed at the mine of 
St. Dimas, department of Durango, the 15tli September, 1855, as soon as said 
department jnny return to its obedience to the Mexican government, or when 
the guilty may be arrested or the advisers of these crimes. 

Article 2. The government of Mexico, although convinced that there was 
no responsibility on the part of the authorities, functionaries, and others em- 
ployed for the crimes committed at the haciendas of San Vicente and Chincon- 
cuaque, influenced nevertheless by the desire which animates it to cut through 
at once the differences Avhich have arisen between the republic and Spain, and 
for the common and Avell-undcrstood interests of both countries, so that they may 
pursue their way together, always united and bound by ties of enduring friend- 
ship, consents to indemnify the Spanish subjects who may be concerned for the 
loss and injury which may have been occasioned to them in consequence of the 
crimes committed at San Vicente and Chinconcuaque. 

Article 3. Moved by the same desires mentioned in the preceding article, 
the Mexican government consents also to indemnify the subjects of her Catholic 
j\Iajesty for the loss and damages they may have suffered in consequence of the 
crimes committed on 15th September, 1856, at the mines of St. Dimas, depart- 
ment of Durango. 

Article 4. Animated by the same sentiments expressed in the two preceding 
articles, and full of the same desires, the Spanish government consents that the 
indemnities referred to shall not serve as the grouiul or antecedent of any cases 
of like nature. 

Article 5. The Mexican government and that of Spain agree that the sum 
or value of the indemnities treated of in the foregoing articles be determined 
by agreement between France and England, who have shown a willingness to 
accept this trust, which will be discharged by them or their representatives. 



THE PRESENT CONDITION OF MEXICO. 115 

taking account of the data the parties interested may bring forward, and hearing 
the respective governments. 

Article 6. The treaty of 12th November, 1853, shall be re-established in 
all its force and vigor as if it had never been interrupted, unless by another act 
of equal force it be not by common accord abrogated or altered. 

Article 7. The loss and damage, claims for which were pending on the inter- 
ruption of relations, and any that during such interruption may have given 
origin to fresh claims, shall be the subject of ulterior arrangements between the 
governments of Mexico and Spain. 

Article 8. This treaty shall be ratified by his excellency the president of 
the Mexican republic and by her Majesty the Queen of Spain, and the ratifica- 
tions shall be exchanged at Paris within four months, reckoned from this date, 
or sooner, if possible. 

In faith whereof the undersigned plenipotentiaries have signed and sealed 
this with their respective seals. Done in triplicate at Paris, 26tli day of Sep- 
tember, of the year of our Lord one thousand eight hundred and fifty-nine. 

JUAN N. ALMONTE. 
ALEJANDRO MON. 

Washington, September 30, 1861. 
A copy. 

ROMERO. 



No. 8. 

[Translation ] 

DEPARTMENT OF STATE FOR FOREIGN RELATIONS. 

No. 61.] National Palace, Vera Cruz, Decemhcr 5, 1859. 

I have the honor to send herewith a copy of the communication and protest 
of Mr. Lafragua, relative to the convention said to have been concluded between 
Mr. Almonte and the Spanish government about the qitestions which the last 
has pending with Mexico, that, being informed about them, and convinced of 
the sound reasons which dictated them, you may make them in season available 
with the government of the United States, as those documents rest on the same 
foundation as those on A\diich the constitutional government reposes, which permit 
not now, or any time, any derogation from the interest and dignity of the nation. 

On this occasion I reiterate to you the assurances of my esteem. 

OCAMPO. 

The Mexican Minister at Was/dngton. 

Washington, Septemher 30, 186L 
A copy. 

ROMERO- 



No. 9. 

[Translation.] 

DEPARTMENT OF STATE FOR FOREIGN RELATIONS. 

Legation of Mexico near H. 0. M., 

Faris, October 4, 1859. 

The Press, the Journal of Debates, and the National Opinion, and other 
periodicals at this capital, copying a paragraph from the " Correspondencia 



116 THE PRESENT CONDITION OF MEXICO. 

Autografo" of Madrid, have announced that your excellency and Mr. Mon have 
signed a convention \yLicli ends the differences between Spain and Mexico. In 
compliance with the orders of the supreme constitutional government, I protest 
in the name of the republic against that settlement, be it what it may, wholly 
saving and reser^nng the rights of the nation, and reproducing all the reasons 
alleged in my protests of the 16th of JMarch, 185S, and the 8th of June of the 
jprcsent year, of which I again send your excellency a copy. 

I reiterate to your excellency nij'^ very distinguished consideration. 

J. M. LAFEAGUA. 

His Excellency Lieutenant General of Division Don J. X. Almonte. 

Paris, October 5, 1859. 
A copy. 

A. ESCALANTE. 

Vera Cruz, December 1, 1859. 
A copy certified. 

JUAN DE DIGS ARIAS. 

Washington, September 30, 1861. 
A copy. 

ROMERO. 



No. 10. 

[Translation.] 

DEPARTMENT OF STATE FOR FOREIGN RELATIONS. 

Legation of Mexico near H. C. M., 
. : Paris, October 5, 1859. 

I have the honor to send you a copy of the communication Avhich I addressed 
yesterday to General Don Juan N. Almonte on account of the notice, already 
so formally made public, of a settlement made with the Spanish government, 
Perhaps (and I wish it for the honor of the country) there may be some inex- 
actness as to the bases settled on for the convention, and that you will see in 
the niunber of the National Opinion which I enclose ; biit if it should not be 
so — if the settlement be siich as is announced — it must be admitted that the 
reactionary j^oveniment has put the seal of contempt to an aSaiv so essentially 
prejudicial to the rights and interests of the nation. 

What becomes of independence if every offence of an individual is to be in- 
demnified 1 What becomes of the dignity of the nation if she not only pays 
debts she does not owe, but indemnifies for such as, by the gi-eatest abuses, 
have been introduced into the convention. 

I give many thanks to Providence for having relieved me from taking part 
in such an mijust agreement, but, as a Mexican, I shall always deplore that 
there should have been a government, although it might not Ije legitimate, which 
should thus have opened up a new source of calamities and entanglements for 
the republic. ****##♦ 

In my opinion, the two solenm protests which I have printed and circulated 
suffice to place the constitutional government at liberty wIhmi the time comes 
for action. It might be opportune that the department should address a note 



THE PRESENT CONDITION OF MEXICO. 117 

to the American government, or, by means of a formal decree, i^bonld disavow 
the convention, so that not the least doubt should remain as to its determination. 
I reiterate to you the assurances of my most distinguished consideration. 

J. M. LAFRAGUA. 

His Excellency Thf^ Ml\ister of Foreign Relations 
Of the Constitutional Government. 

• Vera Cruz, Decemher 1, 1S69. 
A certified copy. 

JUAN DE D. ARIAS, 

Chief ad interim. 

Washington, Septemher 30, 1861. 
A copy. 

ROMERO. 



Xo. 11. 

[Translation .] 

DEPARTMENT OF FOREIGN RELA'lIONS. 

Legation of Mexico near H. C. M., 

Faris, Octoher 22, 1859. 

I have the honor to send to you copy of the communication which on the 4th 
I addressed to General Almonte, and of that Avhich on the 5th I addressed to 
you by way of the United States. 

Until to-day Mr. Almonte has made no answer, any more than to the protests 
of the 16th March and 6th June of last year, and that of the 8th June of the 
present. Of the first and last I send you six copies, but not of the second, be- 
cavise that was simply a note, in Avhich I repeated that of March. With all 
the pains I have taken, I have not been able to get at the text of the agree- 
ment ; but, according to all the accounts I have, it has without doubt been con- 
cluded by yielding to all the pretensions of Spain. " El Pais," in an article 
decidedly encomiastic of the reactionary government, enters into some details 
which I think very important, and therefore refer you to them, although they 
are not said to be from an oflicial source. 

Let it be said, then, that Mexico obliges herself to punish offenders yet un- 
known, and concedes indemnification to Spain without recognition of the princi- 
ple of indemnity, and that this fact may never be cited as a precedent. From 
this the author of the article infers that the convention is a very good one, be- 
cause Spain receives satisfaction and Mexico does nothing contrary to its 
dignity. 

If such are the terms of the convention, it may be thought by those who 
look superficially at the affair that in effect the rights, if not the interests also, 
of the republic have been maintained ; and, as disinterestedness is the basis of 
Mexican character, it will also be said that the government, while preserving 
the national dignity, has acted generously towards the ancient mother country. 

But upon this I will allow myself to offer a few remarks. In the first place, 
nations are not like individuals. These may consent to pay what they do not 
owe without detriment or prejudice from that generosity, because it is not the 
case that, if a man pay what he does not owe, the principle is settled so that it 
may afterwards serve as an argument against other men or himself even. But 



118 THE PEESEXT COXDITIOX OF MEXICO. 

nations cannot act in this manner, because what they have once granted to an- 
other is claimed in turn by all the rest, partly because, under the law of nations, 
acts always operate against those who do them, and because they give avail to 
the axiom, so injurious to us, of granting to all that which is granted to the 
most favored nation. 

Consequently, it means nothing that Mexico may indemnify without recog- 
nition of the principle of indemnity in absolute tenns, because the fact will 
always present itself as a proof; resulting from this, that the precedent rests 
established that I resisted ^ith so much zeal, although the text of the convention 
may say that it is not established. 

But even allowing this folse supposition were a truth, the most that could be 
maintained would be that Spain coiild not in future base other claims upon the 
last convention. But shall we be able to answer other nations with this ? The 
day they may have anything to claim from us we shall in -s'ain say to them that 
in paying Spain we did not recognize the principle, because they will insist on 
the allegation of the fact, and we will have to pay all, without equity, without 
obligation, and merely from generosity. How, in fact, deny to France, to 
England, to the United States, what we have conceded to Spain ? Is one 
nation better worth than another ? Are not all equal in reason and in law 1 Is 
it not truly written in many treaties that we owe to foreigners protection and 
security 1 Hoav then will a phrase written in a conA^ention agreed upon 
between the representatives only of Mexico and Spain save us against claim, 
when, in fact, we have conceded indemnity without having been in the situa- 
tions which the law of nations indicates 1 

I think, therefore, this diplomatic reserve — which the rather merits the name 
of a stupid subterfuge to pass off feebleness for generosity of spirit — is a gei*m 
sadly prolific of disgusts, prejudices, and losses for the republic which must 
indubitably be heaped up in every quarter, injurious to its international right, 
and which records in its annals a fact more deplorable than others of those 
which form the large catalogue of our errors. 

It is said the convention is honorable ; in my opinion it is little worthy of 
either country. It is so for Spain, because she receives by favor Avhat she 
claimed by right, because she accepts as favor what she maintained as right. 
It is so for Mexico, because she pays what she does not owe, because she apolo- 
gizes Avithout having offended, supposing that, the principle of indemnity not 
being recognized, Spain has confessed that the crime of San Vicente Avas a 
common offence, and that Mexico unconsciously has made the cause of the 
assassins her OAvn. Where and hoAv is the national dignity saA'ed 1 It would 
liaA'e been less eAdl to confess Ave were in the situation indicated by the law of 
nations, because there Avould haAC been frankness in that confession, and 
because it is nothing neAv in the AA^orld nor degrading to a nation that it should 
haA'e some functionaines A\ho do not discharge their duties. 

But to say that aa'c are not in those situations, and neA^erthelcss to grant 
indemnity, is an act that cannot be explained except l)y calling upon that parti- 
san spirit for Avhose sake principles are sacrificed amid the A\liirhvinds of passion. 
Aud if to this situation of the conA-ention, so little satisfactory, is added that 
relating to the couA^cntion pure and simple, acknoAvledged as it seems to be. 
Avhat remains of the justice, of the lionor, of the name of Mexico ? To Avhat 
purpose have we thrown away eleven years upon the question of credits unduly 
assumed and about three uj)on offences improperly adjudicated upon, if those 
in fact are not revised and these in fact are certified ! We pay money Ave do 
not OAve, and for blood Ave have not shed, Avasting in both cases the interests 
and in both trampling under foot tlie laAvs of the republic. 

I have thought it my duty to present these observations to the supreme 
government because, although I have no certainty that tli*^ settlement has been 
made in tlie terms I liaAe referred to, it is very probable it may embrace the 



THE PRESENT CONDITION OF MEXICO. 119 

ideas expressed by " El Pais," in "wliich case it is very jiroper things should be 
placed in their true light, so that transcendental errors may be avoided in the 
appreciation of the facts. 

I reiterate to you my very distinguished consideration. 

J. M. LAFRAGUA. 
The Minister of Foreign Eelations 
Of the Constitutional Government. 

Vera Cruz, Bccemler 1, 1859. 
I certify this to be a copy. 

JUAN DE D. ARIAS, 

CMef ad interim. 

Washington, September 30, 1861. 
A copy. 

ROMERO. 



No. 12. 
[Translation.] 
^Jie constitutional government to tlic nation : 

In the difficult position in -which Mexico is placed, when she has most need 
of patriotism and forecast in the direction of her policy, an act offensive to her 
dignity and injurious to her interests has occurred, to place in strong light how 
far the inclinations of the enemies of libei'ty may do her wrong. 

The party which, resting its titles to power on the defection of a part of the 
aiTQy, has established itself in the city of Mexico, calling itself the government 
of the republic, although that has rejected such representations through more 
than tAvo years of strife, has concluded, at Paris, with the representative of her 
Catholic Majesty, in September of last year, a treaty unjust in essentials, foreign 
to the usages of nations in the principles which it sets forth, illegal because of 
the manner of its adjustment, and contrary to the rights of our country. 

These rjualifications are not the offspring of the spirit of party, nor of the 
passions which this engenders or frequently excites ; nor are they either the 
result of im worthy prejudices against the Spanish nation. Into the noble mis- 
sion of the lawful government, into the 'noble and patriotic influences Avhich 
guide it, enter no otlier sentiments or desires than the sentiment of justice and 
the desire for the public welflire. The analysis of the document indicated, the 
reflection suggested by reading it, are enough to attest the justice and good 
faith of the same government in this respect, as well as that it Avas under obli- 
gation to prevent its silence upon this serious affair from being construed into 
a national acquiescence. 

Eight articles are contained in the convention concluded between the repre- 
sentative of Don Miguel Miramon and that of the Queen of Spain. By the 
first of said articles the Mexican government assvimes an obligation to continue 
actively to prosecute judicially and to punish the accomplices in the offences 
committed on the estates of San Vincente and Chiconcuaque, as well as to be 
responsible for the occurrences, no less deplorable, which happened, in 1856, at 
St. Dimas, in the State of Durango. 

According to articles 2 and 3, although the Mexican government is convinced 
that there Avas no responsibility on the part of the authorities, functionaries, or 
persons in employ, for the offences referred to, it consents to indemnify Spanish 
subjects for the loss and damages which may have been occasioned to them by 
such offences. The Spanish government consents (article 4) that such indem- 



120 THE PRESENT CONDITION OF MEXICO. 

nities shall not serve as the base or precedent for other cases of like nature- 
France and England shall determine (article 5) the amoimt of the indemnities 
conceded. 

By article G the treaty of the 12th November, 1853, is re-established in full 
force and vigor, withoxxt any mention, even incidental, of a revision of credits 
which are not the property of Spaniards. 

The loss and damage (article 7) for pending claims shall be arranged by 
ulterior conventions, and the ratitications of this treaty shall be exchanged at 
Paris (article 8) "within four months, reckoned from the day on which it was 
sealed. 

It is clearly obvious that this convention is humiliating to our country. How^ 
in Avhat title, by what right, consent to indemnities thus stipulated, when the 
government of Don Miguel Miramon declares that it is convinced of the com- 
plete blamelessness of the agents of the piiblic authority 1 Upon what could 
this consent be founded / If pecuniary responsibility for losses proceeding from 
offences of ordinary character were a principle of the law of nations, the 
Spanish nation would not have consented to the declaration that the concessions 
made on this point by the Mexican government should not serve for precedent 
in future cases. Thus, then, its acquiescence in that declaration goes to show 
that it is convinced of the injustice of its demand ; nor can it be otherwise, be- 
cause the representative of her Catholic Majesty could not be ignorant that the 
obligation of nations, in respect to crimes of ordinary character directly inju- 
rious to foreigners, is to prosecute and punish their authors, under the provisions 
of their respective laws, and not to grant pecuniary indemnities for damages 
caused by those crimes ; and it is certainly extraordinary that the person who 
figured in the convention alluded to as the representative of the supposed gov- 
ernment of Mexico should have admitted, on the part of his country, against 
all reason and all right, obligations which even the party claimant did not hesi- 
tate to declare absolutely unfounded — obligations which, if they could have had 
existence, would end in the reduction of the national independence to a nullity. 
To convince oneself that this last asseveration is altogether accurate, it will be 
sufficient to reflect that no government whatever, and Avhatsocver may be its 
means of action, can prevent the perpetration of ordinary crimes ; that if it 
shoiild have to provide indemnities to the subjects of friendly nations for the 
injuries which such should cause to them, it would finish by draining its trea- 
sury and all its elements of subsistence. 

Why, then, has this party, which alloAvs itself to Inirl against its adversaries 
even the foul stain of faithlessness to the country, humbled itself to the low 
degree of consenting to an exigency in every point of view without foundation ? 
Nations can only accede to proper applications ; otherwise, their honor being 
once in question, they Avould be exposed to the contumely and the exactions of 
the rest. 

As little decorous is it to the nation to pemiit that, under the shadow of tlic 
good faith of treaties, its debt should be adulterated, or that there should be 
a traffic to its prejudice with credits which cannot lawfully be covered by them. 
Why should not the cabinet of Madrid consent to the revision of those credits 
when its good name requires it, and when good faith, and even the interests of 
the lawful Sjtanish credits, are calling for it I 

It is the duty, therefore, of the legitimate government to oppose the sanction, 
througli the interested condescension of a party A'oid of conscience, of abuses 
which in any case can be guarded against by the law of nations. The respon- 
sibility of the governments can only be founded on the absolute dencgation of 
justice. If Mexico be not in such position, there is no law to subject her to a 
condition contemptible in the eyes of the civilized world. Indejtentleuce, honor, 
good name, the great interests of a people, must not be an illusion to Mexicans, 
but a substantial reality to ourselves as well as to foreigners. 



THE PRESENT CONDITION OF MEXICO. 121 

Happily, tlie treaty in question will not prejudice the interests of the republic, 
nor -will it cede anything in prejudice of its good name because it was concliided 
and ratified by persons not authorized to treat in the name of Mexico. A 
political party whose power proceeds from a rebellion which the great majority 
of the country condemns — a faction Avhich, by the efforts of the forces it has 
raised is preventing, in the central cities, the free utterance of public opinion — 
a party which has inaugurated its power by showing what would be the gov- 
ernment of some departments, of some cities, according to the support the nation 
would give to it — a party, in fine, Avhich, notwithstanding the horrible Avar which 
it has continued and excited during two years, availing itself of all sorts of 
measures, has not been able to attain the representative character it sought, is 
not, nor can be, the government of the Mexican republic. 

The constitutional government will not here dwell upon the titles upon Avhich 
it rests its authority ; they are in the laws and in the public Avill. In a very 
short time there will be an end to the disturbances which rend the bosom of the 
country and endanger its glorious inde^^endence, and legitimate power Avill exert 
itself irresistibly to maintain the last, and give assurance to all the guarantees of 
our countrymen and foreigners. 

Mexico has the best inclination to do Spain full justice, to grant to her Avhat- 
ever may be due, faithfully to carry out her treaties ; but she requires this to be 
done in confoi-mity with the law of nations ; and that the consideration of her 
feebleness or of her strength, of her good or bad political organism, have no 
influence upon the settlement of these diffei'cnces. She desires to be regarded 
as a free and sovereign people, and that the sense of justice be that which may 
preside oyqy all her stipulations ; in a Avord, she desires that good faith and 
reason may govern cxclusiA^ely in her diplomatic arrangements, and that none 
may claim the right to underA'alue a nation A\^hich has knoAvn how to conquer 
independence, and which to-day gives proof, in the midst of misfortunes, that 
she feels the consciousness of her dignity. 

The constitutional government cannot assent to the affront Avitli Avhich a 
political taction Avould stain the countrv. It fulfils its duty then, that this may 
come to the knowledge of the civilized Avorld, by protesting, as it does protest, 
in the most solemn manner against the treaty referred to, concluded at Paris in 
September of last year, by demonstrating that its clauses cannot compromit the 
interests of Mexico for want of authority in the persons who, on its part, inter- 
vened, and by declaring that she reserA'es the right to settle the differences 
pending Avith Spain in conformity with the principles of universal justice, and 
in a manner Avorthy of the dignity of both nations. 

Vera Cruz, January 30, 1860. 

BENITO JUAREZ, 

President ad interim. 
IGNACIO DE LA LLAVE, 

I Minister of State. 

JOSE GIL PARTEAROYO, 

, Minister of War. 

JOSE DE EMPARAN, 

Minister of the Interior. 
SANTOS DEGOLLADO, 

Minister of Foreign Relations. 
MANUEL RUIZ, Minister of Justice. 
MIGUEL LERDA DE TEJADO, 

Minister of Finance. 



A true copy. 



"Washington, September 30, 1861. 
ROMERO. 



122 THE PRESENT CONDITION OF MEXICO 

Mr. Ro?fie?o to Mr. Seward. 

[Translation.] 

Mexicax LegatiOx\ in the Umted States of America, 

Washington, October 30, 1861. 

Mr. Secretary : Believing that Mr. Corwin may have informed the depart- 
ment over which yoii preside of the complaint Avhich was made by the diplomatic 
body residing in Mexico to the government of that republic in August last, in 
consequence of an asseveration made to it by the minister of France, that on the 
night of the 14th day of the same month verbal insults Avere addressed to him 
by a popular assemblage, and that his assassination had been attempted, I deem 
it proper to transmit to you a pamphlet which I have just received, and which 
contains the judicial investigation made by the authorities of Mexico in virtue 
of that accusation, this investigation throwing sufficient light on the events to 
show Avhat really occurred. 

There were two counts in the accusation of the French minister : first, the 
insults which had been addressed to him by speech, and second, the attempt at 
assassination. With respect to the foiTner, it was proved in the examination 
referred to that on the night mentioned the triumph obtained by the government 
forces over the rebels in Jalatlaco was celebrated in the city of Mexico. The 
people of Mexico, as is their custom on such occasions, having assembled in 
various groups, with a band of music at the head of each, passed through the 
city in different directions, sending up rockets and hurrahing tor the government, 
the victors, and the constitution. One of these groups went by the legation of 
France. Mr. de Saligny asserts that it stopped at the door and shouted, *' death 
to Frenchmen," ''death to the minister of France;" but, strange to say, nobody 
else heard such cries. Among the persons examined by the appropriate judicial 
authorities there are Mexicans of character and foreigners, and among the latter 
some Frenchmen. Some of them live on the same street on Avhich the hoiise of 
the legation stands and others in a hotel close by, and all imiformly declare 
that the group neither stopped before the French legation nor used any insulting 
expression to France, to her subjects, or to her minister. 

In regard to the latter charge, it was found that Mr. de Saligny having stopped 
in one of the galleries of his house, without hearing any detonation, had a 
perception of a slight crack near him and then of a light blow on his right ann. 
Examining afterwards the place where this occurred, he found that a ball had 
made an impression on the column of the gallery near Avhich he had stopped. 
From the examination of the place, which Avas made by the judge, accompanied 
by tAvo skilful engineers, it Avas found that the ball could n(it have originally 
made an impression in the place Avliere it struck unless it had been fired from 
the roof of the same house, Avhich Avas not probable, as the servants of the 
house, in AA'hom Mr. de Saligny stated he had great coniideuce, declared that no 
person had been on the roof on that night. 

The said engineers Avho accompanied the judge in the examination just 
mentioned afterAvards made their report in Avriting, Avherein they express the 
opinion that, taking all the circumstances of the case into consideration, the 
projectile Avas not designedly fired at the column, but that it Avas aimed at some 
point near the north of the house, struck the Avail of the National Theatre, 
Avhich is close by it and facing in that direction, and, this producing a raoA-cment 
of irregular rebound, it reached the point Avhere the mark Avas found. The 
foundations of this opinion arc A'ery much strengthened if it is borne in mind 
that Mr. de Saligny, as he himself deposes, did not hear the detonation of the 
piece of arms from Avhich the i)rojectile Avas fired; and that at the time this event 



THE PRESENT CONDITION OF MEXICO. 123 

took place rockets were being sent up in various quarters, and probably firearms 
were also discharged in the air on account of the public rejoicing. 

The evidence gathered was such that the judge who instituted the examina- 
tion declared thei-e was no sufficient reason for continuing it. 

The interest which I naturally take in rectifying erroneous opinions which 
may be formed of Mexico in consequence of inaccurate reports induces me to 
address you in regard to this matter, and to recommend you to peruse the annexed 
investigation. 

It is very agreeable to me to have this opportimity of repeating to you, sir, the 
assurances of my very distinguished consideration. 

M. ROMERO. 

Hon. William H. Seward, Sfc., Sjv., Sj-c. 



[Translation.] 
MEXICAN QUESTION. 



INCIUEST AND JUDICIAL SEXTE.VCE OS THE CO.MPLAINT OF MR. DE SALIGNY, 
MINISTER OF FRANCE IN MEXICO — 1861. 

Preface. 

Several journals have published as positive news that Mr. do Saligny, min- 
ister of France at Mexico, has been the object of an attempt at assassination, 
and that on an evening when the inhabitants of that city had given themselves 
up to public rejoicings cries of death were uttered against the person of this 
minister and against foreigners in general. It would be impossible to recall here 
all the comments Avhich have been made Avith profusion on this piece of news, 
that has dropped into the field of European publicity in these days when the 
question of Mexico is discussed with great warmth. From this attempt, and 
from these acts, accepted as ascertained facts, there has resulted to that unhappy 
country a seal of reprobation and of anathema which seems to give some weight to 
the unjust attacks wliich the clerical press has for a long while not ceased to 
hurl against it in France, in Spain, and in Italy. 

Nothing, however, is better ascertained than the sad error which has been the 
first cause of so many virulent recriminations on this subject; for not only is the 
incorrectness of the facts on which it has been attempted to found a complaint 
established, but the truth of entirely contrary facts has been demonstrated. 

All this is rendered as clear as day by the documents of proof in the judicial 
inquest made at Mexico in consequence of the complaint of Mr. de Saligny. This 
inquest we publish in extenso, as it was communicated to the Siglo XIX of that 
city, which published it on the 5th of September last. 

We shall make neither the synthesis nor the analysis of the probabilities which 
flow quite naturally from this series of documents. They speak for themselves, 
and therefore we shall refrain from making the slightest observation on them. 
We only ask that they may be read, and we await with entire confidence the fiat 
of public opinion 



124 THE PRESENT CONDITION OF MEXICO. 



Inquest and judicial sentence on tlie coviplaint of Mr. de Saligny. 

Department of Foreign Relations, 

Mexico, Septei7ibe7- 3, 1861. 
To the Editor of the Siglo XIX: 

My Dear Sir : By order of the minister of relations, I send you a copy of 
some of tlie proofs wliicli form the judicial inquest in regard to the hostile de- 
monstration and attempt at assassination, of which accusation has been made as 
having taken place on the night of the 14th of the month of August, at the 
French legation. 

These documents prove that on the occasion of the rejoicings to Avhich the 
triumph over the disturbers of the public peace gave rise on that night the 
sentiments of sympathy and of fraternity which have always united the inhabi- 
tants of that city to the French who reside there were loudly expressed, instead 
of the latter being molested. 

I tn^st that, for the satisfaction of both, you will be pleased to give publicity 
in your journal to the docviments which are hereto annexed. 

I thank you, in advance, for this service, and am your very humble and very 
obedient sei-vant, 

JUAN DE D. ARIAS. 



Deposition of Jose A. Bticheli, esq. 

On the same day (20th August) appeared Jose A. Bucheli, esq., counsellor 
at law, Avho, having promised to tell the truth, deposed that he was a native of 
Mexico, of mature age, married, and was a lawyer, residing at No. 8 Vergara 
street. 

Being interrogated as to the matters of this inquest, he answered that, ac- 
cording to his recollection, one day last week he had noticed a crowd proceeding, 
between ten and eleven o'clock at night, to the sounds of martial music, from 
Primera del Factor street to Vergara street, carrying torches and hurrahing in 
honor of the government, and particularly in honor of General Gonzalez Ortega, 
on account of the victory gained by him over the forces of Marquez and his 
accomplices ; having also noticed that in all directions this crowd was sending 
up a great many rockets, and fearing to be hit by an unlucky mischance, he 
withdrew from the balcony where he had ■\^'itnessed this spectacle, and shut the 
Avindows, being already convinced that the only object of this promenade Avas 
to celebrate the triumph of the constitutional government. He noticed that the 
voices of the persons who composed these groups were gradually becoming 
fainter, and he concluded therefrom that they had not stopped in Vergara street. 
Having read this deposition, he has ratified it, as it agi-ees Avith the truth, and he 
lias signed it along Avith the judge. 

J. A. BUCHELI. 

Proceedings of inquest drawn up hy M. Arrieta, esq., notary. 

On tlie same day the judge, assisted by mc, a notary, and tAvo officers of 
engineers detailed by the military commander of the district at the request of 
the court, repaired to the house No. 10 Vergara street, Avhere the minister of 
France, avIio was present, resides ; and the minister having been informed by his 
secretary of the purpose for Avliich avc came, he took his hat and showed the 
place Avhere he Avas and to Avhich the ball had gone. This place is at one of 



THE PRESENT CONDITION OF MEXICO. 125 

the angles of the galleiy of the house running from south to north, and facing 
to the east, on turning to the vestibule ; and he placed himself in the same 
position in which he Avas when the ball fell. He was looking to the north and 
had his shoulder towards the south, a little inclined on the left to the north. 
Then he indicated the spot where the ball had struck ; it was on the second 
column of the space of the part mentioned of the gallery where he Avas stand- 
ing, at the distance of about half a yard. It Avas noticed at this place that the 
part fractured Avas about two inches in diameter, and on the side to the south, 
inclining a little tOAvards the east, Avhere said ball struck, Avhich ball he pre- 
serves ; and he presented at the same time some fragments of paper which he 
declared to be Avadding; telling us, through his secretary, that he Avas in the 
place where he is in the habit of walking up and doAvn after dinner Avhen the 
noise of rockets and the ringing of bells Avas heard in the city. It Avas then 
between seven and eight o'clock. He heard a slight report on one side of him, 
aiid immediately felt a light bloAv on his right arm — a bloAv to Avhich he paid no 
attention, supposing it to be from the stick of one of the rockets Avhich had been 
heard going up. A short time afterwards he receiA'ed a A'isit from the Count de 
Pierres, Avho stays at the Hotel of Europe, and after relating to him Avhat had 
happened he Avent, on his invitation, to the gallery to look Avith him for the 
.stick Avhich they supposed to liaA'e fallen there They asked a serA'ant for a 
light, in order to make this search ; and it Avas then that they noticed the mark 
left by the ball on the column, and at the base the fragments of the Avadding 
Avliich he presented Avere found, as Avell as the ball Avhich Avas in the cornice of 
the gallery outside of the balustrade, and a few steps distant from said column. 
The minister then took the ball, Avhich Avas the one Avhich he held in his hand 
and Avhich Avas flattened on one side. When he took it out he discovered that 
it was still hot, and that it smelt of poAvder. 

Then the judge, Avith the persons above named, Avent on the ten-ace (flat roof) 
of said house, in order to see and examine for themselves ; they made an in- 
spection of it, from Avhich it Avas found that there Avas not on the M-alls (^f the con- 
tiguous terraces any mark Avhich could create a suspicion that any person had 
been able to slip on by that means ; and although the said minister expressed a 
suspicion that some one might liaA'e got up by the public baths, Avhich are es- 
tablished in the house, and Avhich are in its interior, but at the back part, it Avas 
acknowledged that this Avas not possible. Moreover, the doorkeeper, a person 
Avhom the minister accredits as Avorthy of his entire confidence, Avas interrogated, 
and he deposed that at six o'clock in the evening the baths are closed, no per- 
son remaining there afterAvards ; that this had taken place on the day of the oc- 
currence the same as on eA'ery other day, said doorkeeper having his place 
inside of the \'estibule, Avliich at that hour is shut; and, finally, he asserted that 
no person had entered. 

The above-named minister added, through his secretary, that, as regarded the 
persons in his service, he had absolutely no suspicion, for they all possessed his 
confidence ; and that neither had he suspicions against any other definite person, 
not knoAving that he had or could liaA'e any enemies. He added that, on the 
same evening, at ten o'clock at latest, being in his bed engaged in reading, he 
heard tumultuous A'oices in the street, and the sound of Avind instruments. He 
arose, and draAving near the glass AvindoAvs of the balcony, he saAv a group of 
people Avho had stopped before the house, and Avith them some soldiers in 
undress uniform, Avho uttered cries of "down with the French! doAvn Avith the 
minister of France !" He did not ^see the musicians in unifoiTQ; they had cit- 
izens' dress. 

Shortly afterwards this group went round the corner of Vergara street, into 
San Francisco street, and, as he presumes, turned into the small street of Bele- 
mitas — a supposition Avhich he forms from the manner in AA^hich he heard the 
sounds of music. After these items of information were obtained the present 



126 THE PRESENT CONDITION OF MEXICO 

proceedings tei-minated. The judge made a request to the two officers of engi- 
neers that they would draw up a sketch of what they had seen, and transmit it 
to-morrow to the court with their report. In testimony whereof the judge has 
signed, which I certify. 

M. ARRIETA. 

Report of Messrs. Ignacio Pavon and Augustin Arrellano, officers of enginers. — 

Corps of Engineers. 

In virtue of a verbal order which we received from the citizen military com- 
mander, we Avent together with you to the house No. 10 Vergara street, where 
Mr. Dubois de Saligny, minister of France in 3Iexico, resides, in order to make 
an examination there with a view of determining Avhence had been fired a shot 
of a musket or carbine, the mark of which was found imprinted on a column 
of the gallery of that house, and to give our opinion on the question. Was the 
shot aimed at this point, or had the projectile arrived there by chance ? To- 
gether with you, Ave discovered the mark made by the ball on one of the col- 
umns of the gallery which faces the east; and, after examining attentively the 
state of the place and conferring with you, we proceed to state Avhat has hap- 
pened according to our view, and to the information on Avhich we have relied in 
giving the opinion by Avhich this report will be terminated. The mark left by 
the projectile is of a slight depth; the ball Avhich Avas presented to us is flat- 
tened in an irregidar manner, as if it had encountered a sinuous surface ; and, 
from the explanations of the minister, we have learned that, after striking the 
column, the ball had fallen a A^ery short distance from it. 

As it Avas presumed that the shot might have been fired from one of the 
neighboring eminences, (house-tops,) Ave went upon them and made an attentive 
examination, but could not acquire the certainty that it had come from one of 
them ; on the contrary, Ave Avere conA'inced that it had not been fired from the 
terraces. The only one Avhich OA'erlooks in part the house of the minister is 
that of the National Theatre ; but on examining the part Avhich Avould have 
been most couA-enient and most elcA'ated, and taking for a basis of our calcula- 
tions the human stature, the A'isual ray does not reach the point Avhere the pro- 
jectile struck; so that if the shot had been fired from that terrace it woiUd 
haA'e hit higher and not Avhere it left its mark. 

Nor can it be said that it Avas fired from the terrace of the house itself; for 
the minister says that he did not hear the noise of the detonation, and at a dis- 
tance so short it would have been impossible not to hear it, Avhatever was the 
fire-arm discharged, in spite of the noise made at that hour by the ringing of 
bells and the sending up of rockets. What confirms this ojjinion is the slight mark 
Avhicli the ball left, and Avhich must have been much larger by reason of short- 
ness of distance. 

The minister giving assurance that the shot had not been fired in the court, 
and as no certain conclusion can be arriA'ed at fi*om the shape Avhich the caA-ity 
presented Avhere the projectile struck, scA^eral persons haAing already changed 
the form by priA'atc examinations, it results, in Airtue of the foregoing explana- 
tion, that Ave are of opinion, and so declare by Avay of report, that the projectile 
Avas not of deliberate purpose aimed at the column Avhere the mark was found, 
but that the ann having been discharged from a point close by and to the north 
of the house, the projectile struck the Avail of the theatre Avliich fiices this point; 
by this there Avas produced a movement of irregular rebound to the point Avhere 
the mark Avas found. We base this opinion as Avell on the irregular flattening 
f>f the projectile, Avhose shape could not have been so much changed if it had 
only met with the slight encounter Avliich the mark indicates, as on Avhat Ave as- 
certained that there Avas no point wliose position was such that a shot could be 



THE PKESENT CONDITION OF MEXICO. 127 

fired from it to the place mentioned. Sutli is our opinion, and such we declare 
in fulfilment of the order which we have received. Liberty and reform. 

IGNACIO PA VON. 

AGUSTIN ARRELLANO. 
Mexico, August 22, 1861. 

Deposition of Mr. Frederick Zophy. 

Afterwards appeared, on a summons made to him, Mr. Frederick Zophy. The 
general questions required by law having, been put to him, he deposed that such 
M^as his name ; that he was from Switzerland, was married, Avas a shoemaker 
by trade, aged fifty-five years, living at No. 6 Plateros street. 

Being interrogated as to the reason why his name was cited by the Inspector 
Morali and the chief of police, he deposed that on the evening spoken of by 
those gentlemen, at about ten o'clock, he heard the noise of music ; he went out 
on his balcony to hear the piece which was being played, and then he noticed 
that the musicians were accompanied by quite a large crowd, who hurrahed in 
honor of liberty of France and of the United States. The croAvd proceeded to 
Segunda de Plateros street at the moment in which the deponent returned to his 
parlor. His deposition having been read, he ratified it as being the truth to his 
knowledge, and signed it, 

FREDERICK ZOPHY. 

Deposition of Mr. Paul Leautaud. 

On the same day appeared before the judge the citizen Paul Leautaud, who, 
after protesting his willingness to tell the truth, deposed that he was born in 
France, was unmarried, thirty-eight years of age, residing at No. 5 Primera 
de Plateros street. 

Being interrogated as to the matters of this inquest, and in virtue of the ci- 
tation of his name, made by the inspector of the Avard, and by the inspector of 
police, he deposed that from the balcony of his house he had seen, at about 10 
o'clock at night, on the 14th instant, a band of music followed by a crowd of 
people cheering for the French, for the LTnitcd States, for Mexico, and for lib- 
erty ; that this crowd passed along Segunda de Plateros street ; that having left 
the balcony, he saw nothing more. He has ratified what is stated as being the 
truth. 

PAUL LEAUTAUD. 

Deposition of Mr. Angel de la Pena. 

On the 24th of the same month, before the judge, appeared Mr. Angel de la 
Pena, on a summons made to him personally. After promising to tell the truth, 
he deposed that such was his name ; that he was a native of Mexico, was mar- 
ried, was about fifty-three years of age, a property holder, residing at No. 11 
Vergara street. 

Being interrogated as to the matter of this inquest, he deposed that on the 
14th instant, at 10 o'clock at night, he was on the balcony of his house, taking 
a view of the public satisfaction Avhich Avas felt by all the inhabitants of the 
city on account of the triumph of the arms of the supreme goA-ernment over the 
forces of the rebel Marquez ; that he saw passing at that hour a band of music, 
folloAved by people, going from the north to the south, lighted up AA'ith four 
torches, and cheering for liberty, for General Gonzalez Ortega, for the constitu- 
tion of 1857, and uttering other similar cries ; that he absolutely heard no cries 
uttered against the French or against any foreign nation ; that he did not see 
he m stop before the house of the legation of France, nor at any other place in 



128 THE PKESEXT COXDITION OF MEXICO. 

the street. He observed here that his house adjoined that of the minister of 
France, and that he, the said deponent, was on his balcony, and that this was 
why if they had uttered such cries and had stopped in the street, he could not 
have failed to hear it and see it. 

As to the shot which was said to have been aimed on that evening at the 
minister of France, the first news which he received of that event was from 
the French newspaper called the Estafette; that in his house no person had 
gone upon the terrace, as there Avas no communication with it, said terrace being 
lo'wer than the hotel. 

He ratified and affirmed what is above stated as being the truth, after it had 
been read, and has signed. 

ANGEL DE LA PENA. 

Deposition of Mr. Manuel Pavia. 

On the same day, after summons made, appeared ^Ir. Manuel Pavia, and 
having the general questions put to him, he deposed that he Avas so named; that 
he was a native of Mexico, unmarried, a clerk, thirty-five years of age, liAdng 
in the principal apartment of the Hotel de Vergara, on the first story. Being 
interrogated as to the matters of this inquest, he deposed that on the evening of 
the 14th instant he was at home with his tamily, and that at 10 o'clock he heard 
a band of music passing through the street; that he occupied himself in looking 
at it, and that he saw aboiit twenty musicians, who came with a certain number 
of people in a direction from north to south ; that they passed without halting 
in any part of the street; they hurrahed for General Gonzales Ortega, for liberty, 
and for the government ; that he positively heard no cries of " Do"v\m with the 
French! down with the minister of France!" cries mentioned in this inquest ; 
that perhaps the minister of France confounded these cries Avith those Avhich 
were really put forth, and Avhich Avere, "DoAvnAvith the assassins of foreigners!" 
That, as to the shot Avhich is said to ha\'e been aimed at the aforesaid minister 
at 8 o'clock in the evening of the same day, the first ncAvs AA'hich he had of it 
was in the neAvspapers, Avhich he reads CA'ery day, and that since he has heard 
no one speak of that eA'ent. 

The Avitness affirmed, ratified, and signed the aboA'e statement as being the 
truth. 

M. PAVIA. 

Dejwsition of Mr. Augustin Michaud. 

Afterwards appeared, on summons, Mr. Augustin Michaud, avIio, on the 
general questions being .put to him, deposed that he Avas thus named ; that he 
Avas from France, Avas married, Avas twenty-nine years of age, Avas a merchant , 
li\'ing at No. 10 Segunda De San Francisco street. 

Being interrogated, in consequence of the allusion made to him personally by 
the citizen regidor, Manuel Parada, in his report relatiA'-e to the present inquest, 
he said it Avas true that, after ten o'clock on the eA'cning of the 14th instant, 
Avhen the triumph of the government forces Avas being celebrated in this capital, 
the music of the intmicipal body stopped before the door of his house; it Avas 
accompanied by a croAvd of people, and by respectable persons of this city; that 
Avith pleasure he heard his fi'UoAv-citizens hurrrah for Mexico, and heard the 
Mexicans hurrah for the French and for foreigners ; that among the pieces of 
music Avliich folloAved Avas recognized the hymn of the Mar sell aise,Ai\i{ tbe song 
of the country, called Los Cangrcjos. 

The Avitness ratified this deposition, after it liad been read, as being in c(m- 
formity to the truth. 

AUGUSTIN MICHAUD. 



THE PEESEXT CONDITION OF MEXICO. 129 



Deposition of Mr. de Picrres. 

On the same day a second summons, by letter, was addressed to tlie Count 
de Pierre s. 

On the twenty-fifth of said month appeared, on summons made, Eugene de 
Pierres, a French citizen, interrogated through the interpreter, Mr. Miguel de 
Bustamante, who first declared that he should report in Spanish what the wit- 
ness would testify to in French. He then said that the witness deposed that he 
Avas named as before mentioned ; that he was from France ; was unmarried ; 
was thirty-four years of age; and was temporarily in this republic. 

On the question whether he knew anything of the events which the minister 
of France had asserted to have taken place in his house on the evening of the 
14th instant, he was enjoined to tell Avhat he knew, and how he knew it. He 
answered, that at ten minutes past eight o'clock of the evening of that day he 
had gone to pay a visit to the minister of France; that said minister told him 
that five minutes before eight o'clock, of numerous rockets which were sent up 
in the capital, it seemed the stick of one had fallen into his house, and that he 
had felt a very slight blow on his ami; that they both Avent down stairs and 
into the court to look for this stick, but that they did not find it; that neither 
did they find it in the gallery; that on their return from the court a fiattened 
ball was found at the base of the column which ijbrms the arcade next to the 
staircase of the gallery , where the minister was walking, and on that column, as 
he learned, and saw at five o'clock in the afternoon of the next day, there was 
a mark which the ball had imprinted, and the doorkeeper showed him the wad, 
which had caused the minister to believe that a shot had been aimed at him, for 
on the night of the event he had thouglit that the ball might have been attached 
to one of the rockets; that even on the following evening he had entertained the 
same opinion, imtil in consequence of the above-mentioned facts, the mark being 
seen on the column and the wad shown by the porter, the minister judged that 
he had been fired at; that he ought to remark that the minister had told him 
that the wad was foimd at ten o'clock in the morning, and that the di))lomatic 
body Avho had called to see him at two o'clock in the afternoon had seen it then, 
as well as the mark, indicating that the ball had struck the column. 

Being interrogated as to the hour at M'hich he left the minister's house on the 
evening of the 14th instant, and whether he had noticed any alarm among the 
servants, he answered that he retired about a quarter to ten, or in the neighbor- 
hood of ten o'clock; he had not noticed that the servants were in anywise 
alarmed, for no importance had been attached to this occurrence. 

Being interrogated as to whether, when he spoke to the minister at five o'clock 
in the afternoon of the day following, the latter had manifested any suspicions 
as to the cause of the event or relative to the person Avho might have been the 
author of it, he answered that there had been no mention of this. 

Being interrogated as to whether he kncAV on the said evening of cries having 
been uttered before the house of the minister of France, and Avhether, when he 
came out of the house of that gentleman, he had noticed any groups in the 
streets, he answered that on the next day he had learned from the minister him- 
self that imder his balconies cries of " Down with the French ! doAvn A\^ith the 
minister of France !" had been uttered, but that Avhen he came out he saw no 
group in the street, and the street was in -its ordinary condition. 

After it had been read by the interpreter, he afiirmed that the foregoing was 
true, and he ratified it and signed it together with him. 

COUNT E. DE PIERRES. 
MIGUEL BUSTAMANTE. 

H. Ex. Doc. 100 9 



130 THE PRESENT COXDITION OF MEXICO. 



Deposition of M. J. R. Massez. 

Aftei-warclt? appeared, in room Xo. 20 of tlie Hotel cle Vergaca, M. J. R. Massez, 
wlio, having- been first interrogated on the general questions according to law, 
deposed that he was named John, born in Italy, not married, a musician, aged 
twenty-five years, and living in that room. 

Interrogated upon the points on which this investigations bears, he answered: 
That on the evening of the 14th instant, about eleven o'clock, he heard some 
musicians passing, playing on stringed instruments, and accompanied by some 
common people, and uttering various cries ; this arrested his attention, and he 
went on the balcony, and there heard them crying, " Down Avith Mejia ! live 
piire religion ! live the government !" That he absolutely heard no cries of 
"Down with the French," or "Down with the French minister ;" that this body 
of musicians halted nowhere ; that he had specially noticed that several other 
musical companies, playing on wind instruments, had passed during the night 
in question, but they took the route by the corner of San Francisco street, and 
deponent supposes some Frenchmen were among them, because the Marseillaise 
Avas sung ; that he has not heard that any one walked on the roof that night ; 
and does not know that any one was found on said roof; that he was absolutely 
ignorant that on that evening a shot had been fired at the minister of France, 
because he only learned that event by reading it in the Estafette. 

After this deposition had been read by him, he ratified and confirmed it as 
being the truth, and signed it. 

JEAX E. MASSEZ. • 

Deposition of M. John Janis Laurent. 

On the same day, after service of summons, appeared M. John Janis Laii- 
rent. The questions reqiiired by law having been put to him, he answered that 
he was called as had been stated, born in France, not married, aged twenty-nine 
years, merchant, living at the pastry-cook shop in Seguuda de Eatevos street. 
No. 3. 

Interrogated as to the facts which caused the summons issued to him by In- 
spector Morali and the colonel-in-chief of the police, citizen Porssoro G. Leon, 
he deposed that on the night of the celebration here of the victory gained by Gen- 
eral Gonzales Ortega over the bands commanded by Marquez, there passed, about 
ten o'clock in the evening, a body of musicians, who stopped at the pastry shop, 
Plaisant, of which the deponent is the manager; that amongst the crowd which ac- 
companied the music there were many well-dressed persons, and that the accla- 
mations which were uttered Avere all in honor of the French, of the United 
States, and of Gonzales Ortega; that scA'cral of these persons came into the 
shop, asked for a bottle of champagne, and drank healths in the same terms as 
their acclamations ; that as soon as they Avent out, Avith the music and the com- 
mon people Avho accompanied them, all took the Avay to the Profcsa house, sing- 
in"- and playing the Marseillaise. After reading made, he ratified Avhat is above 
as being the truth, and signed it. 

J. J. LAURENT. 

IVrificn dcjwsition of M. J. BL TJrquidi. 

Mexico, August 22, 1S6L 

Through your polite conmiunication of yesterday, I am infi)rnu'd that in the 
investigation, the conduct of Avhich is confided to your court, touching the crim- 
hial acts denounced by his excellency the French minister, and Avhitli happened 
on the CA'cuing of the 14th instant, order has been issued to proceed and question 



^ 



THfe PEESEXT CONDITION OF MEXICO. 131 

Tipou these facts all the inhabitants of Veogara street, in which is the house 
where the French minister resides. You add that, as I reside in the same street, 
you desire that I should inform you of all that I know touching such events. 
According" to the intimations of your communication, on the evening of that 
day, about ten o'clock, a body of about twenty musicians, accompanied by 
a group, among whom were some soldiers in uniform, halted before the en- 
trance of the French legation, shouting, " Down with the French !" " Down Avith 
the French minister ! " and on the same evening, at eight o'clock, that a shot 
had been tired, aimed at the body of the French minister. 

Having rallied my recollections touclung what had passed that evening, I 
now answer to the questions you address to me : that after ten o'clock there, in 
fact, was a group of people that passed along the street going from north to 
south ; it was composed of persons following musicians. As far as I recollect, 
I saw no soldiers there, nothwithstanding torches lighted up the group. I heard 
different cries, vivas, and down with them, but I did not clearly distinguish 
what Avas cried save the cry of "Down Avith Mejia !" 

I did not see that on their AA^ay they stopped before the hotel of the French 
legation, although the house where I Ha'C almost fronts it. That evening I saAv 
the thoroughfares traversed by groups, avIio passed along the streets celebrating 
the victory of General Ortega in the emarons of Toluco. 

I think it Avas also on the occasion of this holiday that musket shots were 
fired, Avhich I heard from the beginning of the night, at times more, at times 
less frequent ; but I am entirely ignorant Avhere they were fired, and Avhether 
there Avas one Avhich AA'as aimed at his excellency the French minister. This is 
all I can say, in assuring you of my respect and esteem. 



The Seventh Crimfxal Judge. 



JOSE M. URQUIDI. 



Writtoi deposition of 21r. Zcrcccro. 

Office of the Civil Registry of the First Tribunal, 

Mexico, August 24, 1S61. 
In reply to your communications of yesterday, in Avhich you ask me if the 
band of music of the municipal guard, in passing through Flateros street, accom- 
panied by a croAA^l of people, on the CA'cning of the celebration of the Aictory 
gained by the constitutional party mider the orders of General Gonzales Ortega 
at Jalattaco, stopped in front of the French pastry shop of M. I?laisaut, crying 
"Live France, the French, and the United States !" I say to you that as the moon 
was shining, 1 remained Avith my family on the balcony of my house until after 
midnight ; that I saAv groups passing one after another shouting A'iA'as in honor 
of liberty, of reform, of the hei'o of Calpulalpua, and of the French ; that their 
enthusiasm redoubled Avhen they came in front of the pastry shop of M. Plaisaut, 
Avhence they Avent in the direction of the street San Francisco, playing and 
singing, alternately, the Marseillaise and los Cangrajos. This is all I can say to 
you, sir, in reply to your communication of yesterday, in reneAviug to you the 
assurance of my respect and esteem. 

A. ZERECERO. 
The Licentiate Mariano Arrieta, 

Seventh Judge on the Criminal Bc7ich. 

Mexico, August 27, ISGl. 
True copy. 



132 THE PEESEXT COyCITIOX OF MEXICO. 

Judgment upon tlie. facts investigated. 

Mexico, August 27, 1861. 

Regards being had to the direction issued hj order of the supreme govern- 
ment, in consequence of the complaint laid before it on the 17th of this month 
by Messieurs the ministers of the United States and of Russia, and Messieurs 
the charge d'aflfaires of Belgium and Ecuador, on account of Messieur the minis- 
ter of France having informed them of verbal abusiveness addressed to him 
Avhen at his hotel on the evening of the 14th instant, and an attempt at assassi- 
nation, which the minister above mentioned affirms was committed against him 
personally. 

Considering, in the first place, that in denouncing the fact to the public au- 
thorities, it is submitted to a procedure in accordance with the universally- 
adopted principles of all legislation, the purpose of which is to seek for a founda- 
tion which can be relied on, and which consists in complete proof of the sub- 
stance of the offence. 

In the second place, that the existence of the substance of the offence is not 
proven in what touches the two facts which Avould constitute it in the present 
case, except by the testimony only of the minister and by that of persons who 
only had cognizaiice of the facts from the statement of the said minister, that 
is to say, from the testimony only of the person aggrieved ; that this testimony, 
although of the most respectable kind, regard being had to the high character 
of the deponent, is nevertheless, of itself alone, inefficient to constitute perfect 
proof. 

In the third place, considering that if this isolated circumstance would in a 
legal proceeding suffice to render doubtful the fact of the perpetration of an 
offence of any kind, siich a conclusion is so much more natural, when an offence 
is in question of so grave importance, as well by its own nature as by the char- 
acter of the person who has been the object of it, and by the sad and natural 
consequences Avhich it might have. 

In the fourth place, that, if to give to the evidence of witnesses the weight 
which it deserves, it is indispensable to have regard to the quality of the persons 
who depose ; to the credit, more or less great, that should attach to them, as 
well for their good repute as for the absence of interest to conceal the tru,th, it 
must be concluded that the complaint of Monsieur the minister of France is 
deprived of any foundation ; for, even supposing some of the circumstances 
averred which have induced him to depose to that concerning the attempt at 
homicide, they would offer explanations, if not altogether satisfactory, at least 
deprived of the alarming and odious character which the communication con- 
tained on the first page of the papers of instruction ; besides this, we are pre- 
cluded from admitting the certainty of said circmnstanccs, on examining -with 
impartiality the force of the detailed report of the experts Monsieurs Ignatius 
Paron and Augustin Arellano ; it is clear, in fact, from this report, that the 
projectile could not have been aimed directly at the pillar where its mark is 
.seen ; that, adverse to the statement of his excellency arc opposed the deposi- 
tions of residents of A'^ergara street, all irreproachable people, among whom are 
found functionaries in high social position. 

Considering, in the fifth place, that, among the facts proven by this investi- 
gation, many are found which prove the enthusiasm and the harmony which 
reigned between the Mexican people and the foreigners on the cA'cning of the 
14th; enthusiasm and haimony which are at once translated by th' n-ies of 
" Live the French," and by the cries of " Death to the factions;'* hat it is not 
dilfiicult tliat these cries may have been confomuled by ])ersons who heard them 
from a distance. Considering, in fine, that the investigation has been pressed 
as far as possible; considerir.g the fact that a ball was found in the hotel of the 



THE PEESENT CONDITION OF MEXICO. 133 

minister of France, it remains, at the most, proven that some one has infnngecl 
the injunction of November, 1771, and the ordinances and rules relating to it, 
by firing a shot, Avithout proof made how, by whom, from what point, and for 
Avhat purpose. 

Considering the laws 40, title 16, third part, and 2, title 16, book 2, of the 
last collection, I must declare, and do declare, that there is no cause to pi-ose- 
cute the warrant, of which report Avill be made to the third chamber of the 
superior court of this district. Full retm-n shall be rendered to the supreme 
government, through the channel of the department of state to the department 
of justice. 

Ordered and decreed by the citizen Mariano Arrieta, seventh judge of the 
criminal bench, before me, notary public, who certify this. 

A tnie copy. 

J DE D. ARIAS. 



Mr. Romero to Mr. Seward. 
[Translation.] 

"Washngtox, Xovember 23, 1861. 

Mr. Secretary : I have the honor to invite your attention to the annexed 
publication, which contains a treaty concluded at London, the 31st October last 
past, between England, and France, and Spain, for intervention in Mexico, and 
Avhich was sent to me by the ]\rexican minister resident at Paris, who assures 
me of the authenticity of the document. 

In the second paragraph of the first article of said convention you will note 
that the leaders of the allied forces are empowered in the most ample maimer 
to carry out the further operations Avhich, after having occupied the different 
forts and military positions of the Mexican coast, may appear proper to them, 
being on the spot, to achieve the object for which the expedition has been agreed 
upon. In the second article the contracting parties bind themselves not to ex- 
ercise over the internal affairs of Mexico any influences of tendency to impair 
the right which belongs to the Mexican nation freely to choose and determine 
the form of its government. 

The simple declaration that Mexico has the right to choose and determine the 
form of its government allows the true purpose of the expedition, which it was 
intended to dissemble precisely in these Av^ords to shine forth. 

Who questions such right \ If the allies are going to guarantee it, do they 
not give to understand by this that in thei>r views the constitutional goA-crnment 
of the republic is an unpopular government AA'hich tyrannizes over the nation, 
and preserves its poAver only by force of arms, against whose tyranny the allies 
declare themseh-es as champions, and undertake the expedition in order to its 
OA^erthrow? What encouragement Avill not the constant disturbers of public 
order receive in Mexico on perceiving that they are almost iuAnted to rise in 
order to destroy the despotism Avhich it is supposed Aveighs upon them, and that 
three of the principal poAvers of Avestern Europe expressly guarantee to them 
the liberty to choose and determine the form of goA^ernment which may suit 
them 1 What is that despotic goA^ernment Avhich Aveighs upon the Mexican 
people, Avhich, without other elements than its devoted faith in republican prin- 
ciples, and in strict adherence to the rights of the people, fought and triumphed 
on the battle-fields and at the electoral ballot-boxes OA'er the privileged classes, 
who combined the moral and material strength of the country, and Avhose ex- 
istence Avas anterior to that of Mexico as an independent nation ? What will be 



134 THE PRESENT CONDITION OF MEXICO. 

that "wliicli the allies once in Mexico may earnestly desire to characterize as the 
national will, and what the movements they maj take in virtue of the terms, 
purposely vague, of the convention 1 

It is, in truth, much to be regretted that just at the moment Avhen public order 
and tranquillity were about to be reduced to system in Mexico, if the country 
were left to settle its own affixirs, a foreign expedition should be organized ap- 
parently for the purpose of forcible interference with the internal aflfairs of that 
republic, by overthrowing the government and by giving fresh fuel to that civil 
war which was coming to its close. 

As the institutions which at present prevail in Mexico are identical with those 
of this country, and as, should their subversion in that country be brought about, 
they would suffer a rude shock that would cause them to totter throughout the 
other republics of this continent, it seems to me that the dangers which actually 
threaten Mexico are not exclusively limited to her, but extend to all republican 
America. 

I hope, sir, therefore, that the United States, which were the first to establish 
such institutions, at the same time tliat they have thus tar derived the gTcatest 
benefits from them, and have manifested most zeal for their preservation and 
propagation, will not look with iudifPerence upon the storm which is brewing 
not alone against the Mexican nation, but against republican institutions iu 
America and the autonomy of this continent. 

It Avill be very satisfactory to me to transmit to my government the assurances 
which, upon this important matter, you may be able to give me in the name of 
the United States. 

I avail of this opportunity to renew to you, sir, the assurances of my most 
distinguished consideration. 

M. ROMERO. 

Hon. Wm. H. Se\vard, ^-c, S^-c, S^-c. 



Convention hcticcen her Majestij, the Queen of Sjmrn, and the Emperor of the 
French relative to combined operations aaainst Mexico; signed at London, 
October 31, 1861.* 

Sa Majesto la Reine du Royaume Uni de la Grande Bretagne et d'Irlande, 
sa Majeste la Reine d'Espagne, et sa Majeste I'Empereur des Fran^ais, se trou- 
vant plac('es par la conduite arbitraire et vcxatoire des autorites de la repub- 
lir[ue du JMexique dans la ndccssitd d'exiger de ces autorites unc protection plus 
etficace pour les personnes et les proprietes de leurs sujets, ainsi que I'exccution 
des obligations contractdes cnvers elles par la republicpie du jNEexique, se sont 
entendues pour conclure eutre elles une convention dans le but de combiner leur 
action commune, et, a cet eff'et, out nomme pour leurs plenipotentiaires, savoir : 

Sa 3[ajesti3 la Reine du Royaume Uni de la Grande Bretagne et d'Irlande, 
le Tri's Honorable Jean Comte Russell, Vicomte Amberley de Amberley et 
Ardsalla, Pair du Royaume Uni, cousciller de sa Majeste Britannique en son 
conscil prive, principal secretaire d'etat de sa Majeste pour les affaires 
ctrangvres ; 

Sa Majeste la Reine d'Espagne, Don Xa^-ier de Isturiz y IMontcro, chevalier 
de I'ordre insigne du toison d'or, grand croix de I'ordre royal et distingue de 
Charles III, de I'ordre im})erial de la legion d'honucur de France, des ordres 
de la conception de Villaviciosa et Christ de Portugal, senateur du royaume, 
ancien pri'sident du conscil de ministres et premier secretaire d'etat de sa 
]Majeste Catholiquc, et son cnvoye extraordinaire et niinistre plcnipotentiaire 
pres sa Majeste liritanniqxie ; 

° Ratifications cxcliaugfd ut Louilou, November 15, li^Gl. 



THE PRESENT CONDITION OF MEXICO. 135 

Et sa Majeste I'Empereur dcs Fran^ais, son excellence le Comtc cle Flaliaiilt 
de la Billarderie, seuateur, general de division, grand croix de la legion 
d'lionneur, ambassadeur extraordinaire de sa Majeste Imperiale prus sa Majeste 
Britannique ; 

Lesquels, apres s'etre communique reciproquement leurs pleins pouvoirs 
respectifs, trouves en bonne et due forme, sont tombes d'accord pour arreter les 
articles suivants : 

Abticle I. 

Sa Majestd la Eeine du Koyaume Uni de la Grande Bretagne et d'Irlande, 
sa Majeste la Reine d'Espagne, et sa Majeste I'Emperexn- des Fran^ais, 
s'engagent a arreter aussitot aprcs la signature de la presentc convention, les 
dispositions necessaires pour cnvoyer sur les cotes du Mexique dcs forces de 
terre et de mer combinees dont rettectif sera detennine par un ecbange ulterieur 
de communications cntre leurs gouvernements, mais dont I'ensemble devra etre 
suffisant pour pouvoir saisir et occuper les differentes forteresses et positions 
militaires du littoral Mexicain. 

Les commandants des forces alliiies seront, en outre, autorisds a accomplir les 
autrcs operations qui seraient jugees, sur les lieux, les plus proprcs a realiser 
le but specifie dans le preambulc de la presente convention, et notamment a, 
assurer la securite des residents etrangers. 

Toutes les mesures dont il s'agit dans cet article seront prises au nom et pour 
le compte des liautes parties contractantes, sans acception de la uationalite par- 
ticuliere des forces employees a les executer. 

Article II 

Les liautes parties contractantes s'engagent a ne rccbercber pour elles-mcmes, 
dans I'emploi des mesures coercitives prevues par la presente com^eutiou, 
aucimc acquisition de territoire ni aiicun avantage particulier, et a n'exercer, 
dans les aifaircs interieures du Mexique, aucune inliuence de nature a porter 
atteinte au droit de la nation Mexicaine de cboisir et de constituer librement la 
forme de son gouvernement. 

Article III. 

Une commission composee de trois commissaires, un nomme par cliacune des 
jDuissances contractantes, sera etablie avec plein pouvoir de statuer sur toutes 
les questions que pourrait soulever I'emploi ou la distribution des sommes 
d'argent qui seront recouvrees au Mexique, en ayant egard aux droits respectifs 
des trois parties contractantes. 

Article IV. 

Les bautes parties contractantes desirant, en outre, que les mesures qu'elles 
ont I'intention d'adopter n'aient pas un caractere exclusif, et sacbant que le 
gouvernement des Etats Uuis a, de son cote, des reclamations a faire valoir, 
comme elles, contre la republique IMexicaiue, conviennent qu'aussitot apres la 
signature de la presente convention il en sera communique une copie au gou- 
vernement des Etats Unis ; que ce gouvernement sera invite a y acceder ; et 
qu'en prevision de cette accession leurs ministres respectifs a Wasbington 
seront immodiatement munis de pleins pouvoirs a I'eft'et de couclure et de 
signer, collectivement ou separemeut, avec le plenipotentiaire designe par le 
President des Etats Unis, une convention identique, sauf suppression du present 
article, a celle qu'elles signeut a la date de ce jour. JMais comme les bautes 
parties contractantes s'exposeraient, en apportant quelque retard a la mise a 



136 THE PRESENT CONDITION OF MEXICO. 

execution cles Articles I et II de la presente conveiitiou, a manqiier le but 
qu'ellcs (Icsireut atteiudre, elles sont tombees d'accord de ne pas differer, en rue 
d'obteuir I'accession du gou.vernement des Etats Unis, le commencement des 
operations su.s-mentionnees au dela de I'epoque a laquelle leurs forces com- 
biu6es pourrout ctre reunies dans les parages de Vera Cruz. 

Article V. 

La presente convention sera ratifiee, et les ratifications en seront ecbangfees 
a Londrcs, dans le delai de quinze jours. 

En foi de quoi les plenipotentiaires respectifs I'ont signe, et j out appose le 
sceau de leurs armes. 

Fait a Londres, en triple original, le trente-unieme join* du mois d'Octobre, 
de I'an de s;race mil liuit cent soixante-un. 

L. 



RUSSELL. 

XAVIER DE ISTUEIZ. 

FLAHAULT. 



[Translation ] 

Her Majesty tlie Queen of tlie United Kingdom of Great Britain and Ireland, 
lier 3I;ijcf*ty tbe Queen of Spain, and liis Majesty tlie Emperor of tbe French, 
leeling themselves compelled by the arbitrary and vexatious conduct of the 
authorities of the republic of Mexico to demand from those authorities more 
efficacious protection for the persons and properties of their subjects, as well as 
a fulfilment of the obligations contracted towards their Majesties by the republic 
of Mexico, have agreed to conclude a convention with a view to combine their 
common action, and, for this purpose, have named as their plenipotentiaries, 
that is to say : 

Her ]\Lnjesty the Queen of the United Kingdom of Great Britain and Ireland, 
the Right Honorable John Earl Russell, Viscount Amberley, of Amberley, and 
Ardsalla, a peer of the United Kingdom, a member of her Britannic ilajesty's 
privy council, her Majesty's principal secretary of state for foreign affairs; 

Her Majesty the Queen of Spain, Don Xavier de Isturiz y Montero, knight 
of the illustrious order of the golden fleece, grand cross of the royal and distin- 
guished order of Charles III, of the imperial order of the legion of honor of 
France, of the orders of the conception of Villaviciosa and Christ of Portugal, 
senator of the kingdoin, late president of the council of ministers, and first 
secretary of state of her Catholic Majesty, and her envoy extraorclinary and 
minister plenipotentiary to her Britannic Mnjesty ; 

And his Majesty the Emperor of the French, his excellency the Count de 
Flahault de la liillarderie, senator, general of division, grand cross of the legion 
of honor, his Imperial Majesty's ambassador extraordinary to her Britannic 
Majesty ; 

Who, after having reciprocally communicated their respective full powers, 
found in good and due form, have agreed iipon the following articles : 

Article I. 

Her ^lajesty the Queen of the United Kingdom of Great Britain and Ireland, 
her Majesty the Queen of Spain, and his ]\Ljjesty the Emperor of the French, 
engage to make, immediately after the signature of the present convention, the 
necessary arrangements for despatching to the coasts of Mexico combined naval 
and military forces, the strength of which shall be determined by a further inter- 



THE PKESENT CONDITION OF MEXICO. 137 

change of communicatiouis between their governments, but of which the total 
shall be sufficient to seize and occupy the several fortresses and military posi- 
tions on the Mexican coast. 

The commanders of the allied forces shall be, moreover, aiithorized to execute 
the other opei-ations which may be considered, on the spot, most suitable to 
effect the object specified in the preamble of the present convention, and specifi- 
cally to insure the security of foreign residents. 

All the measures contemplated in this article shall be taken in the name and 
on account of the high contracting parties, without reference to the particular 
nationality of the forces employed to execute them. 

Article II. 

The high contracting parties engage not to seek for themselves, in the employ- 
ment of the coercive measures contemplated by the present convention, any 
acquisition of territory nor any special advantage, and not to exercise in the 
internal affiiirs of Mexico any influence of a nature to prejudice the right of the 
Mexican nation to choose aud to constitute freely the foi-m of its government. 

/ 

Article III. 

A commission composed of three commissioners, one to be named by each of 
the contracting powers, shall be established with full authority to determine all 
questions that may arise as to the application or distribution of the sums of 
money which may be recovered from Mexico, having regard to the respective 
rights of the three contracting parties. 

Article IV. 

The high contracting parties desiring, moreover, that the measures which they 
intend to adopt should not bear an exclusive character, and being aware that the 
government of the United States on its part has, like them, cl-iims to enforce 
upon the Mexican republic, agree that immediately after the signature of the 
present convention a copy thereof shall be communicated to the government of 
the United States; that that government shall be invited to accede to it; and 
that in anticipation of that accession their respective ministers at Washington 
shall be at once furnished with full powers for the purpose of concluding and 
signing, collectively or separately, with the plenipotentiary designated by the 
President of the United States, a convention identic, save the suppression of the 
present article, with that which they sign this day. But as by delaying to put 
into execution Articles I and II of the present convention, the high contracting 
parties would incur a risk of fiiiling in the object which they desire to attain, 
they have agreed not to defer, with the view of obtaining the accession of the 
government of the United States, the commencement of the above-mentioned 
operations beyond the time at which their combined forces can be assembled in 
the neighborhood of Vera Cruz. 

Article V. 

The present convention shall be ratified, and the ratifications thereof shall be 
exchanged at Loudon within fifteen days. 

In witness whereof, the respective plenipotentiaries have signed it, and have 
affixed thereto the seal of their arms. 

Done at London, in triplicate, the thirty-first day of the month of October, in 
the year of our Lord one thousand eight hundred and sixty-one. 
L. s.] EUSSELL. 

L. s.] XAVIEE, DE ISTURIZ. 

h. s.] FLAHAULT. 



138 THE PEESEXT COXDITION OF MEXICO. 

lilr. Romero to Mr. Seicard. 
[Trauhlatiou,] 

Mexican Legation i.v the Umted States of America, 

IVas/iifigfon, Novemher 28, 1861. 

Mr. Secretary: As it seems, according to all tlie appearances by wliicli we 
may reasonably judge, the real object of tlie European allies, who signed in 
London the treaty of the 3ist of October, is to subvert the form of government 
Avhicli actually exists in j\Iexico, and to overthrow the constitution which the 
people of that repxiblic freely chose for itself, I deem it not inappropriate to 
transmit to you, for the information of the government of the United States, 
a copy, in English, of the political constitution of Mexico. You will observe, 
sir, that this code is founded upon the same bases upon which the Constitution 
of the United States rests, the work of the thoughts and study of the wise and 
patriotic sons of this country, who made it independent, and who knew how to 
lay the foundations of its greatness and development. 

The people of Mexico, who have witnessed with surprise the astonishing 
prosperity at which this country has arrived in the short period of its existence 
as an independent nation, have desired to arrive at this same result by pursuing, 
in order to reach it, the same course, and by availing themselves of the same 
means. They have believed that this would be to them the more probable, be- 
cause 3Iexico abounds in the same elements which nature, with her })rodigal 
hand, has scattered over this land, and because its people, having once enjoyed 
the blessings of democratic institutions, have determined to maintain them, and 
to defend their liberties. 

Scarcely had the constitution of 1857 been promulgated, when the privileged, 
classes of Mexico — the clergy and the army, accustomed to govern the country 
by despotism — rebelled against the instrument Avhich recognized and sanctioned 
the rights of the people and their equality before the law. Then there arose 
a gigantic and unequal contest, in which on one side fought tlie organized and 
disciplined forces, sustained with the money of the clei-gy, and on the other the 
popular masses, without discipline, and Avithout the resources to meet the ex- 
penses of the war which was carried on throughout the whole extent of the 
Mexican territory. 

The repeated reverses which the people met with at the outset served to 
discipline them, the guns of their enemies to arm them, and at the end of a 
bloody and ceaseless contest of three years' duration the popular and constitu- 
tional cause obtained, Avithout foreign aid of any nature, the A'ictory to Avhich it 
was entitled by the justice of the principles Avhich it defended and the constancy 
and inflexible determination of its defenders. 

The supremacy of the Liav having been re-establised throughout the entire 
Mexican territory, the implacable enemies of the liberties of the people sought 
to OA'crthroAv the constitution, availing themseh-es of A^arious expedients ; but 
the people of Mexico A\itli an extraordinary unanimity, and manifesting a good 
sense Avhich Avould do honor to the most enlightened people in the Avorld, refused 
peremptorily to resort to the measures projiosed to them, inulcr the plea of saA'ing 
the country, but for the real purpose of subA'erting the public liberties, and 
nearly all the legislatures of the States issued decrees rencAving their allegiance 
to the constitution, sohiniily protesting not to acknoAvlinlge any other authority 
created outside of said constitution, and threatening to reassume their sovereignty 
in the CA'ent of such re\olutionary authority being established. 

I'erceiving the inefficiency of the measiu'es proposed, others Avere resorted to. 
It Avas sought to present the question as merely a personal one, and it Avas at- 



THE PRESEXT COXDITIOX OF MEXICO. 



139 



tempted to make the person who at present fills the executive chau- of the na- 
tion resign the presidency. Happily the good sense of the country and its de- 
votion to the law Avere so powerful that this other expedient was confounded 
also by the determination of the States to sxtstain the government which had 
emanated from the popular choice. The legislatures ratified their previous pro- 
tests against any change whatever. They declared again that they would sup- 
port the government established by the vote of the nation, and the governors of 
several of the States did the same. 

Among a series of newspapers of the past month, which I have just received 
from ]\Iexico, I find some of the decrees and protests to which I have referred, 
and which I have the honor to transmit to you to the number of six, in the or- 
der set forth in the index which I enclose herewith. 

The efforts made in the interior of Mexico to overthrow the present constitu- 
tional government having proved ineffectual, it now appears that the determined 
and implacable enemies of democratic and liberal institutions have resorted to 
the last imaginable extreme left them, by seeking outside of the country the 
means which they could not find anywhere else to effect their desired aim. 
How far these fears have any foundation is left to events to make known to us 
within a brief period. 

I avail myself of this opportunity to renew to you, sir, the assurances of my 
very distinguished consideration. 

M. ROMERO. 

Hon. "William H. Seward, ^c ^r., S^-c. 



[Trarislntion ] 

An index of-tlie documents transmitted to the Department oj" State of the United 
States, wdlt the note from this legation of this date. 



No. 


Date 




Contents. 




IS.-)? 






1 


Feb. 


5 


Copy in Enu,lisli of the federal constitution of the Fnited Mexican 




1861 




States, adopted and sworn to on the 5th of February, 1857. 


2 


June 


22 


Decree of the legifilature of the State of Duningo, protesting against the 
establishment of any revolutionary authority. 


3 


Sept. 


30 


Decree of the legislature of the State of Chicopas to the same effect as 
the foregoing, and declaring that it will support the government of 
Mr. Juarez. 


4 


Oct. 


8 


Decree of the le{;islature of the State of Aguas-Calientes to the same 
effect as the foregoing, and asking President Juarez not to abandon 
the presidency. 


5 


Oct. 


1 


Remonstrance of the governor of the State of Aguas-Calientes against 
the project of the resignation of Mr. Juarez. 


6 


Sept. 


22 


Remonstrance of the governor of the State of Queretaro to the same 
effect as the preceding. 


t 


Sept. 


30 


Remonstrance of the governor of the State of Jalisco to the same effect 
as the preceding. 



Washington, K~.vemh&r 28, 1861. 



140 THE PRESENT CONDITION OF MEXICO. 



MEXICO— CONSTITUTION OF 1857. 

Ignac'to Co)7ionfort, president suhstitute of the Mexican republic, to the inliabi- 

tants of the same. 

Be it known that the extraordiuaiy constituent congress Las decreed as fol- 
lows : 

In tlie name of God and by the autliority of the Mexican people — 
The representatives of the different States, the district and territories that 
comprise the republic of Mexico, called by the plan proclaimed in Ayutla on 
the 1st of March, 1854, reformed in Acapulco on the 11th of the same month 
and year, and published by the convention of October 17, 1855, in order to con- 
stitute the nation under the democratic republican form, representative and 
popular, putting in exercise the powers with which they are vested, comply 
with their high charge by decreeing the following 

CONSTITUTION 

Of the Mexican repuhiic, upon the indcstnictihle hase of its legitimate inde- 
pendence, j^rocl aimed the IQtJi of Septcmler, 1810, and consummated on the 
21th of Septemher, 1821. 

Title I. 

Section first. — Of the rights of vian. 

Article 1. The Mexican people recognize that the rights of man are the 
basis and the object of social institutions. Wherefore it is declared that all the 
laws and the authorities of the country must respect and sustain the guarantees 
established by the present constitution. 

Article 2. All are born free in the republic. Slaves that set foot iipon the 
national territory recover by that single act their liberty, and have the right to 
the protection of the laws. 

Article 3. Education is free. The law shall determine what professions 
need license for their exercise, and with what requisites relative thereto. 

Article 4. Every man is free to adopt such profession or industrial pursuit 
as he may prefer, the same being useful and honorable, and to enjoy the pro- 
ducts thereof. Neither shall any one be hindered in the exercise of such profes- 
sion or industrial pursuit unless by judicial sentence, Avhen the same prejudices, 
the rights of a third person, or by executive order, dictated in terms prescribed 
by law, in case the same offends the rights of society. 

Article 5. No one shall be forced to give his personal labor Avithout just 
remuneration and without his full consent. The law shall not authorize any 
contract having for its object the loss or the irrevocable sacrifice of the liberty of 
man, whether the same be for labor, education, or religious vows. Neither shall 
the laAv authorize agreements by which a man stipulates his own proscription 
or exile. 

Article 6. Tlie expression of opinions shall not be the object of any inqui- 
sition, judicial or administrative, except when the same is an attack upon morals, 
assails the rights of tliird parties, incites to any crime or offence, or disturbs 
public order. 

Article 7. The liberty of writing and publishing works on wliatsoever sub- 
jects is inviolable. No law nor authority shall establish previous censorship, 
nor exact bonds from the authors or printers, nor limit the liberty of the press, 



THE PRESENT CONDITION OF MEXICO. 141 

which has no limits but "with regard to private life, to morals, and the public 
peace. The crimes of the press shall be judged by one jury that shall deter- 
mine the fact, and by another that shall apply the law and fix the penalty. 

Article 8. The right of petition is inviolable, exercised in writing and in a 
manner respectfnl and pacific ; but in political matters it can only be exercised 
by citizens of the republic. To all petitions shall be returned the written 
opinion of the authority to whom they may have been directed, upon whom the 
obligation is imposed of making known the result to the petitioner. 

Article 9. To none shall be limited the right to associate or reunite pacifically 
for whatsoever lawful object ; but only the citizens of the republic can assemble 
in order to take part in the political affairs of the country. No armed assembly 
has the right of deliberation. 

Article 10. All men have the right to possess and cany anns for their 
security and legitimate defence. The law shall determine what shall be pro- 
hibited and the penalty to be incurred for canyiug them. 

Article 11. All men have the right of entering and leaving the republic, of 
travelling through its territory, and of changing their residence without the 
necessity of letters of security, passports, salvo conducta, or other similar requi- 
site. The exercise of this right shall not prejudice the legitimate foculties of 
the judicial or administrative authority in cases of criminal or civil responsibility. 

Article 12. There are not, nor shall there be, recognized in the republic, 
titles of nobility, nor prerogatives, nor hereditary honors. Solely the people, 
legitimately represented, may decree recompenses in honor of those that have 
given or are rendering eminent services to their country or to humanity. 

Article 13. In the Mexican republic no one shall be judged by special 
laws nor by special tribunals. No person or corporation can have fueros, nor 
enjoy emoluments that arc not in compensation for a public service and that are 
established by law. Martial law shall exist solely for crimes and ofiVnices that 
have exact connexion with military discipline. The law shall prescx'ibe Axith 
clearness the cases included in this exception. 

Article 14. No retractive law shall be passed. No one shall be judged or 
sentenced except under laAvs of date anterior to the fact and exactly applicable 
to the case, and by a tribunal which shall have been previously established by 
law. 

Article 15. Treaties shall never be made for the extradition of political 
offenders, nor for that of those criminals under the common law, who shall have 
been held in the country where the offence was committed in the condition of 
slaves ; nor shall conventions or treaties be made by which in any manner are 
altered the rights and guai-antees which this constitution secures to the man and 
to the citizen. 

Artk le 16. No one may be molested in his person, family, domicile, papers 
or possessions, except in \drtue of a written order from a competent authority 
based upon legal cause for the proceeding. In case of high crimes all persons 
may apprehend the offenders and their accomplices, putting them without delay 
at the disposal of the nearest authorities. 

Article 17. No one can be arrested for debts of a character purely civil. 
No one may exercise violence in reclaiming his rights. Tribunals are estab- 
lished for administering justice ; this shall be gratuitous, judicial costs are there- 
fore abolished. 

Article 18. Imprisonment shall only take place for offences which merit 
personal punishment. In whatever stage of the proceedings it shall appear that 
the accused may not be liable to this penalty, he shall be put at liberty under 
bail. In no case shall the imprisonment be prolonged for default of payment of 
fees or whatever other furnishing of money. 

Article 19. No detention shall exceed the term of three days, except upon 
proof of sufficient reason for imprisonment, in conformity with the requisites 



142 THE PEESEXT CONDITION OF MEXICO. 

rcquivecl by law. The sole lapse of tliis time shall render responsible the 
authority that orders or consents to it, and the agents, officers or jailers, that 
execute it. All maltreatment in the apprehension or confinement of prisoners, 
all hardship which shall be inflicted without legal motive, and all taxes or con- 
tributions in the prisons, are abuses which shall be corrected by the laws and 
severely punished by the authorities. 

Article 20. In all criminal trials the accused shall have the following guar- 
antees : First. That of being informed of the motive of the proceeding and the 
name of the accuser, if there should be one. Second. That of taking his pre- 
paratory declaration within forty-eight hours, computed from the time of the 
order for his arrest from the judge. Third. That of being confronted with the 
Avitnesses against him. Fourth. That he shall be furnished with the facts and 
aveiTuents contained in the accusation, in order to prepare his defence. Fifth. 
That of being heard in defence by himself or by counsel, or by both, according 
as he may desire. In case of having no one to defend him, he shall be pre- 
sented with a list of the official counsel that he may select the one or the ones 
he may desire. 

Article 21. The application of punishment, properly such, belongs to the 
judicial authority. Political or administrative authorities can only impose, as 
corrections, fines not exceeding five hundred dollars, and confinement not exceed- 
ing one month, in cases and manner expressly determined by law. 

Article 22. There shall be forever prohibited penalties of mutilation and of 
infamy, branding, flogging, the bastinado, torture of whatever species, excessive 
fines, confiscation of property, or whatever other unsuitable or unusual punish- 
ment. 

Article 23. In order to abolish the penalty of death, the administrative 
power is charged with establishing, without delay, a penitentiary system. Un- 
til then it shall be abolished for political offences, and shall not be used in other 
than cases of high treason during foreign war, highway robbery, arson, parricide, 
murder with malice premeditated or for gain, high military oftcnces, and for 
piracy, as defined by law. 

Article 24. No criminal proceeding may have more than three instances. 
No one shall be tried tAvice for tlie same oftence, whether he be absolved or con- 
demned by the judgment. The practice of exempting from the regular course 
of proceedings shall be abolished. 

Article 23. Scaled correspondence circulating by the mails shall be invio- 
lable. The violation of this guarantee is an offence which the law shall severely 
chastise. 

Article 26.- In time of peace no military authority may exact quarters, 
transportation, or other service, real or personal, Avithout the consent of the pro- 
prietor. In time of war it may only be taken in the manner prescribed by law. 

Article 27. Private property shall not be taken Avithout the consent of the 
OAvner, except ui cases of public utility and Avith preA'ious indemnification. The 
law shall determine the authority that may make the appropriation in such cases, 
and the requisites for its exercise. No corporation, civil or ecclesiastical, Avhat- 
CA^er may be its character, denomination, or object, shall haA'e legal power to 
acquire in proprietorship, or to administer for itself real estate, Avith the sole ex- 
ception of edifices destined exclusively and directly to the purpose or objc'ct of 
the institution. 

Article 28. ^Monopolies shall not be establislied, nor places for the sale of 
priAilcged goods, nor prohibitions in the character of so-called protections to in- 
dustry, excepting solely those relative to the coining of money, to the mails, and 
to those privileges Avhich, for a limited time, are conceded by the law to the 
inventors or ])erfectors of any improA-ement. 

Article 29. In cases of invasion, grave disturbance of the public peace, or 
whatever cause Avhich may put society in great peril or conflict, solely the Presi- 



THE PRESENT COXDITION OF MEXICO. 143 

dent of the republic in concurreuce with the council of ministers and with the 
approbation of the congress of the union, and in the recess of this, of the 
permanent deputation, may suspend the g-uarantees established by this consitu- 
tion, with exception of those that assure the life of man ; but such suspension 
shall be only for a limited time, by means of general provisions, and of such a 
character as not to favor a determined individual purpose. If the suspension 
take place during the session of congress, this shall grant such aiithorizatiou 
as they shall esteem necessary to enable the executive to confront the circum- 
stances. If it shall take 'place during recess the permanent deputation shall, 
without delay, convoke the congress for its advice and action. 

Section second. — Of Mexicans. 

Article 30. They are Mexicans : First. AVho are born within or without 
the republic, of Mexican fathers. Second. Strangers that are naturalized in 
conformity Avith the laws of the federation. Third. Strangers who acquire real 
estate in the republic, or have Mexican sons ; providing always, they do not 
manifest their resolution to preserve their nationality. 

Article 31. It is obligatory upon all Mexicans: First. To defend the in- 
dependence, the territory, the honor, the rights, and the interests of their country. 
Second. To contribute towards public expenses, as Avell of the federation as of 
the State and municipality where they may reside, in an equitable and propor- 
tional manner, as shall be prescribed by the laws. 

Article 32. Mexicans shall be preferred to strangers under equality of cir- 
cumstances for all public employments, trusts, or commissions n;imed by the 
authorities, Avhen the quality of citizenship shall not be indispensable. 

Laws shall be formed for improving the condition of Mexican laborers, pro- 
viding premiums for those who distinguish themselves in whatever science or 
art, stimulating industry, and founding colleges and practical schools of art and 
industry. , 

Section third. — Of st?-a?igcrs. 

Article 33. Those are strangers Avho do not possess the qualifications de- 
termined in article 30. They are entitled to the guarantees established by sec- 
tion first, title first, of the present constitution, except that in all cases the 
government has the right to expel those who are pernicious to society. 

It is obligatory upon them to contribute towards public expenses in the 
manner that may be prescribed by the laws, and to obey and respect the insti- 
tutions, laAvs, and authorities of the country, submitting to the judgments and 
sentences of the tribunals, without power to seek other protection than that 
which the laws concede to Mexican citizens. 

Section fourth. — Of Mexican citizens. 

Article 34. Those are citizens of the republic who, having the quality of 
Mexicans, have also the following requisites: First. Eighteen years of age if 
married, or twenty-one if not married. Second. An honest means of livelihood. 

Article 35. The prerogatives of citizens are: First. To vote at popular 
elections. Second. To be voted for for any office subject to popular election, 
and of being selected for any other employment or commission, having the re- 
quisite qualifications established by law. Third. To associate to discuss the 
political business of the country. Fourth. To take arms in the army or in the 
national guard, in defence of the republic and its institutions. Fifth. To exer- 
cise in all cases the right of petition. 

Article 36. It is obligatory upon citizens of the republic: Fu-st. To be 



144 THE PEESEXT CONDITION OF MEXICO. 

registered in the poll-list of liis mimicipalitj, stating tlie property of wliicli he 
is possessed, and the industry, profession, or labor by M'hich he subsists. Second. 
To enlist in the national guard. Third. To vote at popular elections in the dis- 
trict to which he belongs. Fourth. To assist in the conduct of popular elections; 
which services, however, shall be subject to remuneration. 

Article 37. The character of citizen is lost: First. By naturalization in a 
foreign countiy. Second. By serving officially the government of another coun- 
try, accepting its decoi'a tions, titles, or employments, without previoixs peiTnission 
from the federal congress, excepting literary, scientific, or benevolent titles, 
which may be accepted freely. 

Article 38. The laAv shall prescribe the cases and the form in which may 
be lost or suspended the rights of citizenship, and the manner in which they 
may be regained. 

Title II. 
Section first. — Of the national sovereignty and the form of government. 

Article 39. The national sovereignty resides essentially and originally in 
the people. All piiblic power springs from the people and is instituted for their 
benefit. The people have at all times the inalienable right of altering or modi- 
fying their form of government. 

Article 40. The Mexican people voluntarily constitute themselves a demo- 
cratic, federal, representative republic, formed of States free and sovereign in all 
that concerns then- interior government, but united in a federation established 
according to the principles of this fundamental law. 

Article 41. The people exercise their sovereignty by means of federal officers 
in cases belonging to the federation, and through those of the States in all that 
relates to the internal affjiirs of the States, in the manner respectively established 
by this federal constitution, and by the constitutions of the States, which latter 
shall never conflict with the federal compact. 

Section second. — Of the integral jmrts of the federation and of the national 

territory. 

Article 42. The national territory comprises the integral parts of the fed- 
eration, and the adjacent islands in both seas. 

Article 43. The integral parts of the federation are : The States of Agiias 
Calientes, Colima, Chiapas, Chihuahua, Durango, Guanajuato, Guerrero, Jalisco, 
]\Iexico, Michoacan, Nuevo Leon y Coahuila, Oajaca, Puebla, Queretaro, San 
Luis Potosi, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Valle de Mexico, 
Vera Cruz, Tucatan, Zacatecas, and the Territory of Lower California. 

Article 44. The States of Aguas Calientes, Chiapas, Chihuahua, Durango, 
Guerrero, Mexico, Puebla, Queretaro, Sinaloa, Sonora, Tamaulipas, and the 
Territory of Lower California, preserve the limits which they now have. 

Article 45. The States of Colima and Tlaxcala preserve in their new char- 
acter of States the limits which they liad as territories of the federation. 

Article 46. The State of the Valley of Mexico is fonned of the territory 
actually composing the federal district, but the erection into a State shall only 
have effoct when the supreme federal authorities shall be removed to another 
place. 

Article 47. The State of Nuevo Leon y Coahuila comjn-ises the territory 
whicli heretofore composed the two States of which it is noAV formed, except the 
part of the hacienda of Bonanza, Avhich is reincorporated in Zacatecas, in the 
same terms as were established Itefore its incorjjoration with Coahuila. 

Article 4S. The States of Guanajuato, Jalisco, Michoacan, Oajaca, San 



THE PRESENT CONDITION OF MEXICO. 145 

Luis Potosi, Tabasco, Vera Cruz, Yucatan, and Zacatecas, recover the extension 
and limits whicli they had on the 31st of December, 1852, with the alterations 
Avhich are established in the following article. 

Article 49. The town of Contepec, which has belonged to Guanajuato, is 
incorporated in Michoacau. The municipality of Ahualulco, which has be- 
longed to Zacatecas, is incorporated in San Luis Potosi. The municipalities of 
Ojo Caliente and San Francisco de los Adames, Avhich have belonged to San 
Luis, as well as the towns of ISTueva, Tlaxcala and San Andres del Teul, 
which have belonged to Jalisco, are incorporated in Zacatecas. The depart- 
ment of Tuxpan continues to form part of Vera Cruz. The canton of Huimau- 
guillo, which has belonged to Vera Cruz, is incorporated in Tabasco. 

Title III. 

Of the division of powers. 

Article 50. The supreme power of the federation is diA'ided for its exercise 
into legislative, executive, and judicial. Two or more of these powers can never 
be xmited in the same person, nor the legislative power be deposited in one indi- 
vidual. 

Section first. — Of the legislative power. 

Article 51. The exercise of the sixpremc legislative power is deposited in 
one assembly, which shall be denominated the Congress of the Union. 

Paragraph first. — Of the election and installation of congress. 

Article 52. The congress of the union shall be composed of representa- 
tives elected in their entii'e number, each two years, by ]\[exican citizens. 

Article 53. A deputy shall be named for each 40,000 inhabitants, or for 
each fraction over 20,000. The Territory in -which the population shall be less 
than this shall still be entitled to send one deputy. 

Article 54. For each deputy proper shall be elected also a substitute. 

Article 55. The election for deputies shall be indirect in the first degree, 
and by secret ballot, in the manner which shall be prescribed by the electoral 
law. 

Article 56. In order to be eligible as a deputy it is required to be a Mexican 
citizen in the full exercise of his rights ; to have completed 25 years of age on 
the day of the opening of the session ; to be a resident of the State or Territory 
which makes the election, and not to be an ecclesiastic. Residence is not lost 
by absence in the discharge of any public trust bestowed by popular election. 

Article 57. The position of deputy is incompatible with the holding of any 
federal commission or office from which a salary is received. 

Article 58. The deputies proper, from the day of their election up to the 
day on which their trust is concluded, cannot accept any employment offered by 
the executive of the union by which pay is received, except with the previous 
license of congress. The same requisites are necessary for deputy substitutes, 
when in the exercise of their functions. 

Article 59. The deputies are inviolable for their opinions expressed in the 
discharge of their trust, and shall never be called to account for them. 

Article 60. Congress shall decide with regard to the election of its members, 
and determine any doubts that may occur regarding the same. 

Article 61. Congress may not open its sessions nor exercise its functions 
without the concurrence of more than half of the total number of its members ; 
but those present may convene on the day named by the law, and compel the 
attendance of absent members, under penalties which shall be designated. 
H. Ex. Doc. 100 10 



146 THE PKESENT CONDITION OF MEXICO. 

Article 62. Congress sliall have each year tAvo orduaary sessions : the first 
shall commence on the 16th of September and shall termmate on the 15th of 
December, and the second, which cannot be prorogued, shall commence on the 
1st of April and tenninate on the last day of May. 

Article 63. At the opening of the sessions the president of the union shall 
be present and shall deliver a message exhibiting the state of the union. The 
president of congi'ess shall reply in general terms. 

Article 64. All resolutions of congress shall have no other character than 
that of laws or economical bills. The laws shall be communicated to the execu- 
tive, signed by the president and two secretaries. Economical bills by two 
secretaries. 

Paragraph second. — Of the introduction and passage of laws. 

Article 65. The right of introducing laws belongs : First. To the president 
of the union. Second. To the deputies of the federal congress. Third. To 
the legislatures of the States. 

Article 66, A project of law presented by the president of the republic, by 
the legislatures of the States, or by deputations from the same, shall pass imme- 
diately to a committee. Those that may be presented by the deputies shall be 
subject to such action as shall be prescribed by the rules of debate. 

Article 67. All projects of law which may be rejected by congress cannot 
be presented again dviring the sessions of the year. 

Article 68. The second session shall be destined in all preference to the 
examination of and action upon the estimates for the following fiscal year, to the 
passage of the necessary apj)ropriations according the same, and to the exami- 
nation of the accounts of the past year which shall be presented by the executive. 

Article 69. The day before the last of the first session, the executive shall 
present to congress the estimates for the coming year and the accounts of the 
last year. Both shall pass to a committee composed of five representatives, 
which shall be named the first day and which shall have the obligation of ex- 
amining both documents and presenting a report upon them at the second session 
of the second term. 

Article 70. The initiatories orprojects of laws shall be subjected to the follow- 
ing course: First. The report of a committee. Second. One or two discussions 
in the manner expressed in the following clauses. Third. The first discussion 
shall take place on the day that may be designated by the president of congress, 
in conformity with the rules. Fourth. Upon the conclusion of this discussion a 
copy of the project shall be passed to the executive, that he may within the term 
of seven days give his opinion, or state that he docs not desire to use this faculty. 
Fifth. If the opinion of the executive is favorable, the law shall be voted upon 
■without further discussion. Sixth. If this opinion disagrees in whole or in part 
with the law proposed, the project shall be returned to the committee, that they 
may examine it dc novo, taking into consideration the objections of the gov- 
ernment. Seventh. The new report shall receive a new discussion, and upon 
the conclusion of this the vote upon the law shall be taken. Eighth. The ap- 
])robation of an absolute majority of the deputies present. 

Article 71. In cases of notorious urgency, qualified by the vote of two- 
thirds of the deputies present, congress may contract or dispense with the reg- 
ular course prescinbcd by article 70. 

Paragraph third. — Of the faculties of congress. 

Article 72. Congress has the power: First. Of admitting new States or 
Territories into the federal union, incorporating them in the nation. Second. Of 
erecting Territories into States when tliey have a population of 80,000 inliabit- 
auts, and are proved to have the necessary elements for proAiding for their 



THE PEESENT CONDITION OF MEXICO. l47 

political existence. Third. Of forming new States within the limits of those 
■existing, providing, always, that they have a population of 80,000 inhabitants, 
and are proved to have the necessary resources for their political existence. In 
all cases the legislatu^res of the States whose territory is proposed to be taken 
shall be heard, and their concurrence shall be necessary, as well as the ratifica- 
tion of a majority of the legislatures of the States. Fourth. Of an-anging 
definitively the limits of the States, terminating the differences which may arise 
between them respecting the boundaries of their respective territories, except 
^vhen these differences have the character of contentions. Fifth. Of changing 
the residence of the supreme powers of the federation. Sixth. Of the internal 
government of the federal district and territories, upon the basis that the citi- 
zens shall elect, by popular voice, their political, municipal, and judicial authori- 
ties, and fix the taxes necessary to meet their local expenditures. Seventh. Of 
approving the federal estimates of expenditures, which shall be annually pre- 
sented by the executive, and of imposing the taxes necessary therefor. Eighth. 
Of giving bases under which the executive may procure loans upon the faith of 
the national credit, and of approving said loans, and of recognizing and ordering 
the payment of the national debt. Ninth. Of establishing tarifis upon foreign 
commerce, and of removing, by means of general laws, onerous restrictions 
which may be established in the commerce between different States. Tenth. Of 
establishing general bases for mercantile legislation. Eleventh. Of creating and 
suppressing public employments of the federation, and of establishing, augment- 
ing, or diminishing their salaries. Twelfth. Of ratifying the appointments that 
may be made by the executive of ministers, diplomatic agents and consuls, of 
the higher employees of the treasury, and of colonels, and other higher officers 
in the army or national amied force. Thirteenth. Of ratifying the treaties, con- 
tracts, or diplomatic conventions which the executive may make. Fourteenth. 
Of declaring war upon the facts which may be presented by the executive. 
Fifteenth. (Jf regulating the mode in Avhich privateers may be licensed; of 
dictating laws according to which captures by sea or land shall be declared good or 
bad; .and also relative to maritime rights during peace and Avar. Sixteenth. 
Of permitting or refusing the entry of foreign troops into the territory of the 
federation, and of consenting to the station of squadrons of other powers for 
more than one month in the waters of the republic. Seventeenth. Of permitting 
the passage of the national troops without the limits of the republic. Eighteenth. 
Of creating and sustaining the army and armed force of the Union, and 
of regulating its organization and service. Nineteenth. Of making regulations 
for the purpose of organizing, arming, and disciplining the national guard, reserv- 
ing to the citizens which compose it the appointment of the commanders and 
officers, and to the States the power of instructing them in conformity with the 
discipline prescribed by said regulations. Twentieth. Of giving its consent that 
the executive may order the national guard Avithout their respective States or 
Territories, fixing the amount of the force necessary to be so used. T^venty- 
first. Of making laws regarding naturalization, colonization, and citizenship. 
Twenty-second. Of making laws regarding general means of communication, 
and regarding the post office and mails. Twenty-third. Of establishing mints, 
prescribing the rules of their operation; of determining the value of foreign 
coin, and adopting a general system of weights and measures. TAventy-fourth. 
Of prescribing the rules under which the piiblic land may be occupied or sold, 
and the price of the same. Twenty-fifth. Of conceding pardons for offences 
cognizable by the tribunals of the federation. TAventy-sixth. Of awarding 
rewards or recompense for eminent serAdces rendered to the country, or to human- 
ity ; and priA-ileges, for a limited time, to iuA'entors or perfectors of any improve- 
ment. TAventy-seA'-enth. Of proroguing, for thirty business days, the first term 
of its ordinary sessions. Twenty-eighth. Of forming rules for its internal reg- 
ulation, and for compelling the attendance of absent members, and for correcting 



148 THE PRESENT CONDITION OF MEXICO. 

the faults or omissions of those present. Twenty-ninth. Of appointing and 
remoAnng freely its secretaries and auditors, and of organizing these offices 
according to laAV. Thirtieth. Of making all laws which may be necessary and 
proper to render effective the foregoing poM-ers. and all others conceded by this 
constitution, to the powers of the union. 

Paragraj>h fourtli. — Of the permanent deputation. 

Article 73. During the recess of the congress of the union, there shall be 
a permanent deputation, composed of one deputy from each State and Tenitoryr 
who shall be named by congress on the evening of the last day of its sessions. 
Article 74. The powers of the permanent deputation are the follo^Wng : 
First. To give its consent to the use of the national guard in the cases spoken 
of in article 72, clause 20. Second. To determine by itself alone, or at the 
petition of the executive, the convocation of the congress in extraordinary ses- 
sion. Third. To approve in the case ot appointments, as referred to in article 
85, clause 3. Fourth. To receive the oath of the .president of the republic, and 
of the ministers of the supreme court of justice, in the cases provided by this 
constitution. Fifth. To report upon all the business not disposed of, in order 
that the session which follows may immediately take up such unfinished busi- 
ness. 

Section tico. — Of the executive poicer. 

Article 75. The exercise of the supreme executive power of the union 
shall be deposited in one sole individual, Avho shall be called President of the 
United Mexican States. 

Article 76. The election of president shall be indirect in the first grade, 
and by secret ballot, in such manner as may be prescribed by the electoral law. 

Article 77. In order to be president it is required to be a citizen of the 
Mexican republic by birth, in the exercise of his rights, to be thirty -five years 
of age at the time of election, not to belong to the eclesiastical state, and to be 
a resident in the country at the time the election takes place. 

Article 78. The president shall enter upon the exercise of his functions on 
the first day of December, and remain in office four j^ears. 

Article 79. In temporary default of a president of the republic, and in the 
vacancy before the installation of the newly elected, the president of the supreme 
court of justice shall enter upon the exercise of the functions of president. 

Article 80. If the default of president be absolute, a ucav election shall be 
proceeded with, according to the provisions of article 76, and the one so elected 
shall exercise his functions until the last day of November of the foiu-th year 
following his election. 

Article 81. The trust of president can only be resigned for grave cause, 
approved by congress, before whom shall be presented the resignation. 

Article 82. If, from what<'ver reason, the election of president shall not 
have been made and published by the 1st of December upon which the change 
is to take place, or if the newly elected is not able to enter promptly upon the 
exercise of his functions, the tenn of the preceding president shall nevertheless 
cease, and the supreme executive power shall be deposited ad interim in the 
president of the supreme court of justice. 

Article S3. The president, in taking possession of his trust, shall swear 
before cfmgress, and in its recess before the permanent deputation, in the folldw- 
iiig manner: "I swear to discharge faithfully and patriotically the trust of l*resi- 
dent of the United ^Mexican States according to the constitution, and seeking in 
all things fur the good and prosperity of the union." 

Article 84. The president cannot leave the residence of the federal powers. 



THE PRESENT CONDITION OF MEXICO. 149 

nor the exercise of his functions, without grave motive, approved by congress, 
or in its recess by the permanent deputation. 

Article 85. The powers and obligations of the president are the following: 
First. To promulgate and enforce the laws passed by the congress of the union, 
attending in the administrative sphere to their exact observance. Second. To 
appoint and remove freely secretaries of state ; to remove diplomatic agents and 
superior employes of the treasury ; and to appoint and remove freely all other 
federal officers whose appointment or removal is not otherwise provided for in the 
constitution or by the laws. Third. To appoint ministers, diplomatic agents, 
and consuls general, with the approbation of congress, or in its recess of the per- 
manent deputation. Fourth. To appoint, with the approbation of congress, col- 
onels and other higher officers in the army and national armed force, and the 
higher employes of the treasury. Fifth. To appoint all other officers of the 
ai-my and national navy according to law. Sixth. To dispose of the permanent 
national armed force by sea or by land for the internal security and external de- 
fence of the federation. Seventh. To dispose of the national guard for the same 
objects, according to the provisions of clause 20th of article 72. Eighth. To de- 
clare Avar in the name of the United Mexican States, after the passage of the 
necessary law by the congress of the union. Ninth. To authorize privateers, 
subject to the basis fixed by congress. Tenth. To direct diplomatic negotia- 
tions, and to make treaties with foreign poAvers, submitting them to the ratifica- 
tion of the fedei-al congress. Eleventh. To receive ministers or other envoys of 
foreign powers. Twelfth. To convoke congi-ess in extraordinary session, with 
the consent of the permanent deputation. Thirteenth. To extend to the judicial 
power such assistance as may be necessary for the prompt exercise of its func- 
tions. Fourteenth. To open all classes of ports, establish frontier and mari- 
time custom-houses, and prescribe their location. Fifteenth. To grant, in con- 
formity with the laws, pardons to criminals sentenced for crimes cognizable by 
the federal tribunals. 

Article 86. For the despatch of the business of the administrative depart- 
ments of the federation that number of secretaryships shall be appointed which 
may be prescribed by congress by a law, Avhich shall also proAide for the distri- 
bution of business, and prescribe Avhat shall be the department of each secretary. 

Article 87. To be secretary of state it is required to be a Mexican citizen 
by birth, being in the exercise of his rights, and having completed tAventy-fiA'e 
years of age. 

Article 88. All the regulations, decrees, and orders of the president shall 
be signed by the secretary of state charged Avith the branch to Avhich the busi- 
ness belongs. Without this requisite they shall not be obeyed. 

Article 89. The secretaries of state, immediately after the opening of the 
sessions of the first term, shall render an account to congress of the state of 
their respecti^-e departments. 

Section third. — Of the judicial po^ver. 

Article 90. The exercise of the judicial poAver of the federation shall be 
deposited in a supreme court of justice and in the district and circuit courts. 

Article 91. The supreme court of justice shall be composed of eleven judges 
proprietary, four supremary judges, one attorney general, and one solicitor 
general. 

Article 92. Each one of the individuals composing the supreme court of 
justice shall hold office during six years, and their election shall be indirect in 
the first grade, according to the terms prescribed by the electoral laAv. 

Article 93. To be eligible as a member of the stipreme court of justice it 

required to be instructed in the science of law according to the judgment of 



150 THE PRESENT COXDITIOX OF MEXICO. 

the election, to be more than thirty-five years of age, and a Mexican citizen by 
birth, in the exerci.se of his rights. 

Article 94. The members of the snpreme court of justice upon entering 
upon the exercise of their trust shall make oath before congress, or, in its recess,^ 
before the permanent deputation, in the following manner : " Do you swear to 
dischai'ge faithfully and patriotically the trust of magistrate of the supreme 
court of justice, conferred upon you by the people, in conformity with the con- 
stitution, and seeking in all things the good and prosperity of the union ?" 

Article 95. The duties of members of the supreme court of justice can only 
be resigned for grave reason, approved by congress, to whom the resignation 
shall be presented ; in the recess of congress, before the peiinanent dejiutation. 

Article 96. The law shall establish and organize the circuit and district 
courts. 

Article 97. It belongs to the federal tribunals to take coo-nizance of: First. 
All controversies which may arise in regard to the fulfilment and application of 
the federal laws. Second. All cases pertaining to maritime law. Third. Those 
in which the federation may be a party. Fourth. Those that may arise between 
two or more States. Fifth. Those that may arise between a State and one or 
more citizens of another State. Sixth. Civil or criminal cases that may arise 
tinder treaties with foreign powers. Seventh. Cases concerning diplomatic 
agents and consuls. 

Article 98. It belongs to the supreme court of justice to take cognizance 
from the first proceeding of controversies that may arise between one State and 
another, and of those wherein the union may be a party. 

Article 99. It also belongs to the supreme court of justice to decide regard- 
ing cases of jurisdiction among the federal courts, between these and those of 
the States, and between those of one State and those of another. 

Article 100. In the rest of the cases comprehended in article 97, the supreme 
coiu-t of justice shall be a court of appeal, or rather of last resort, according to 
the graduation which the law may make in the jurisdiction of the circuit and 
district courts. 

Article 101. The tribunals of the federation shall decide all questions that 
may arise : First. Under the laws or acts of whatever authority Avhich violate 
individual guarantees. Second. Under the laws or acts of the federal authorities 
which invade or restrict the sovereignty of the States. Third. Under the laws 
or acts of the States which invade the exercise of the federal authority. 

Article 102. All the decisions of which mention is made in the preceding 
article shall take place on the petition of the party aggrieved, and by means of 
formal judicial proceedings, as shall be prescribed by law. The sentence shall 
be always such as to afiect private individuals only, and is intended as merely 
a protection in the special cases to Avhich the process refers, Avithout embracing 
any general declaration regarding the law or act in question. 

Title IV. 

Of the responsibility of public functionaries. 

Article 103. The dejjutics to the congress of the union, the members of 
the supreme court of justice, and the secretaries of state, shall be held respon- 
sible for ordinary offences which they niay commit during their term of office, 
as well as the crimes, faults, or omissions of which they may be guilty in the 
exercise of their tnxst. 

The governors of the States are also responsible for infractions of the consti- 
tution and of federal law. 

So is also tlie pri-sident of the republic ; but during the tenn of his office he 
can only be accused in case of the offences of treason, express violation of the 



THE PRESENT COXDITIOX OF MEXICO. 151 

constitution, attack upon the electoral fraucliise, and grave crimes against public 
order. 

Article 104. In case of ordinary crime, congress, sitting as a grand jury, 
sliall declare, by an absolute majority of votes, if there is cause of proceeding 
against the accused, or not. If the latter, no further proceeding sliall take 
place ; if the former, the accused shall immediately be deprived of his office and 
subjected to the action of the ordinary tribunals. 

Article 105. Official offences shall be cognizable by congress as a jury of 
accusation, and the supreme court of justice as a jury of sentence. The jury 
of accusation has for its object to declare, by an absolute majority of votes, if 
the accused is culpable or not. If the declaration is favorable, the functionary 
shall continue in the exercise of his trust ; if it is condemnatory, the accused 
shall be immediately deprived of his office and placed at the disposition of the 
supreme court of justice. This in full court, and sitting as a jury of sentence, 
in the presence of the offender, the attorney general, and the accuser, if such 
there should be, shall proceed to apply, by an absolute majority of votes, the 
penalty which the law may have prescribed. 

Article 106. After the sentence is pronounced of responsibility for official 
crime, no exercise of the pardoning power can be extended to the offender. 

Article 107. Responsibility for official crimes or errors only maintains 
diiring the period of occupation of office and one year thereafter. 

Article 108. With reference to the requirements of civil war there shall be 
no privileged class, nor exemptioa for any public functionary. 

Title V. 

Of tJie States of the federation. 

Article 109. The States shall adopt for their interior regulation the form of 
popular representative republican government. 

Article 110. The States may arrange among themselves, by friendly agree- 
ments, their respective limits, but such an-angements shall not go into effect 
without the approbation of the congress of the union. 

Article 111. The States cannot in any case : First. Foi-m alliances, treaties, 
or coalitions with other States, nor with foreign poAvers, excepting the coalitions 
which may be formed among the frontier States for offensive or defensive war 
against the' Indians. Second. Grant letters of marque or reprisal. Third. Coin 
money, or emit paper money, or sealed paj)er. 

Article 112. Neither may they, without the consent of the congress of the 
union : First. Establish tonnage duty, or any other port duty, nor impose con- 
tributions, or duties upon importations or exportations. Second. Have at any 
time permanent troops or vessels-of-war. Third. Make war by itself upon any 
foreign power, except in case of invasion or such imminent peril as admits of 
no delay. In these cases immediate notice shall be given to the president of the 
republic. 

Article 113. Each State has the obligation of delivering, without delay, the 
criminals of other States to the authorities that claim them. 

Article 114. The governors of the States are obliged to publish and cause 
to be obeyed the federal laws. 

Article 115. In each State of the federation entire faith and credit shall be 
given to the public acts, registers, and judicial proceedings of all the others. 
Congress may, by means of general laAvs, prescribe the manner of proving these 
acts, registers, and proceedings, and their effects. 

Article 116. The powers of the union shall protect the States against all 
invasion or exterior violence. In case of internal disorder or rebellion they 
shall give equal protection, providing always that it be applied for by the legis- 
lature of the State, or by the governor, if the legislature is not in session. 



152 THE PEESENT COXDITIOX OF MEXICO. 



Title VI. 
General provisions. 

Article 117. The po^vel•s wliicli are not expressly conceded by this consti- 
tution to the federal anthorities are understood to be reserved to the States. 

Article 118. Xo person can, at the same time, hold two federal elective 
offices, but, if elected to two, he may select between them. 

Article 119. No payment of money shall be made that is not embraced in 
the fiscal estimates or determined by previous law. 

Article 120. The president of the republic, the members of the supreme 
court of justice, the deputies, and other public officers of the federation popularly 
chosen, shall receive a compensation for their sen-ices, which shall be detennined 
by law, and paid by the national treasury. This compensation cannot be re- 
nounced, and any law that augments or diminishes it shall not have effect during 
the period for which the functionary holds the office. 

Article 121. All public functionaries, without any exception, before taking 
possession of their offices, shall swear to observe and protect the constitution 
and the laws that emanate from it. 

Article 122. In time of peace no military authority can exercise more func- 
tions than are in exact connexion with military discipline. There shall be fixed 
and permanent military authority in the castles, ports, and storehouses which 
belong immediately to the federal government, or in encampments, baiTacks, or 
depots which may be established without the towns for the station of troops. 

Article 123. It belongs exclusively to the federal powers to exercise in 
matters of religious belief and discipline the intervention which may be pre- 
scribed by the laws. 

Article 124. From the first day of June, 1858, alcabalas and interior 
custom-hoiises shall be abolished in all the republic. 

Article 125. The forts, quarters, storehouses, and other buildmgs of the 
government of the union shall be under the immediate inspection of the federal 
authorities. 

Article 126. This constitution, the laws of the congress of the union which 
emanate from it, and all treaties made or that may be made by the president of 
the republic with the approbation of congress, shall be the supreme law of all 
the xuiion. The judges of each State in giving their decisions shall do so in 
confoi-mity with said constitution, laws, and treaties, anything to the contrary 
that there may be in the laws or constitution of the States notwithstanding. 

Title YII. 

Of the alterations of the constitution. 

Article 127. The present constitution may be added to or altered. In order 
that additions or alterations may become part of the constitution, it is necessary 
that such additions or alterations shall be approved of by the congress of the 
union by the vote of two-thirds of those present, and that they should also be 
approved by a majority of the legislatures of the States. 

The congress of the union shall take account of the votes of the legislatures 
and the declaration that the addition or alteration had been approved. 

Title VHI. 

Of the inviolability of the constitution. 

Article 128. This constitution shall not lose its force and vigor even if its 
observance be interrupted by any rebellion. In case that, by means of such an 



THE PRESENT CONDITION OF MEXICO. 153 

event, a government shall have been established contrary to the principles which 
it sanctions, immediately upon the people recovering their liberty its observance 
shall be re-established, and according to its provisions and the laws which have 
been framed in virtue of it, they shall be judged as well those who have 
figured in the government emanating from the rebellion as those Avho have co- 
operated with it. 

Temporary article. 

This constitution shall be published immediately, and shall be sworn to with 
the greatest solemnity in all the republic, but with the exception of the disposi- 
tions relative to the election of the supreme powers of the federation, and of the 
States, it shall not commence to have force until the 16th day of September 
next ensuing, when the first constitutional congress is to be installed. Until 
then the president of the republic and the supreme court of justice, who are to 
continue in exercise of their functions until the inauguration of the individuals 
constitutionally elected, shall govern themselves in the discharge of their obli- 
gations and powers by the precepts of this constitution. 

Dated in the hall of sessions of congress, at Mexico, the 5th day of February, 
one thousand eight hundred and fiftv-seven, and thirty-seventh of independence. 

VALENTINE GO^^IEZ FARIAS, 

Deputy for the State of Jalisco, President. 
LEON GUZMAN, 
Dejmty for the State of Mexico, Vice-President. 

For the State of Aguas Calientes, Manuel Buenrostro. 

For the State of Chiapas, Fraxcisco Robles, Matias Oastbllanos. 

For the State of Chihuahua, Jose E. Muxoz, Pedro Ignacio Irigoyen. 

For the State of Ooahuila, Simon de la Garza v Melo. 

For the State of Durango, Marcelixo Castaneda, Francisco- Zarco 

For the federal district, Francisco de P. Condejas, Jose Maria del Rio, 
PoNciANo Arriaga, J. M. DEL Castello Velasco,Manuel Morales Puente. 

For the State of Guanajuato, Ignacio Sierra, Antonio Lemus, Jose de 
LA Luz Rosas, Juan Morales, Antonio Aguado, Francisco P. Montaxez, 
Francisco Guerrero, Blas Balcarcel. 

For the State of Guerrero, Fkancisco Ibarra. 

For the State of Jalisco, Espiridion Moreno, Mariano Faranda, Jesus 
Anaya y Hermosillo, Albino Aranda, Ignacio Louis Vallarta, Benito 
Gomez Farias, Jesus D. Rojas, Ignacio Ochoa Sanchez, Guillermo 
Langlois, Joaquin M. Degollado. 

For the State of Mexico, Antonio Escudero, Jose L. Revilla, Julian 
Estrada, I. de la Pena y Barragan, Esteban Paez, Rafael Maria Vil- 
lagran, F. Fernandez de Alfaro, Justing Fernandez, Eulogio Barrera, 
M. Romero Rubio, Manuel de la Pexa y Ramirez, Manuel Fernando 
Soto. 

For the State of Michoacan, Santos Degollado, Sabas Iturbide, Fran- 
cisco G. Anaya, Ramon I. Alcaraz, Francisco Dias Barriga, Luis Gutier- 
rez Correa, Mariano Ramirez, Mateo Echaiz. 

For the State of Nuevo Leon, Manuel P. De Llano. 

For the State of Oaxaca, Mariano Zavala, G. Larazabal, Ignacio Mar- 
iscAL, Juan N. Cerqueda, Felix Romero, M. E. Goytia. 
. For the State of Puebla, Miguel Maria Arrioja, Fernando M. Ortega, 
Guillermo Prieto, J. Mariano Viadas, Francisco Banuet, Manuel M. 
Vargas, F. L. Estrado, Juan N. Ibarra, Juan N. de la Parra. 

For the State of Queretaro, Ignacio Reyes. 

For the State of San Luis Potosi, Francisco J. Villalobos, Pablo Tellez, 



154 THE PRESENT CONDITION OF MEXICO. 

For the State of Siualoa, Igxacio Ka.mirez. 

For tlie State of Sonora, Benito Quixtana. 

For tlie State of Tabasco, Gregorio Payro. 

For the State of Tamaiilipai?, Luis Garcia de Arellano. 

For the State of Tlaxcala, Jose Mariaxo Sanchez. 

For the State of Vera Cruz, Jose de E.'niparax, Jose Maria Mata, Rafael 
Gonzalez Paez, Mariano Vega. 

For the State of Yucatan, Benito Quijano, Francisco Iniestra, Pedro 
DE Baranda, Pedro Contreras Elizalde. 

For the Territory of Tehuautejjec, Joaquin Garcia Granados. 

For the State of Zacatecas, Miguel Auza, Agustin Lopez de Nava, 
Basilio Perez Gallardo. 

For the Territory of Lower California, Mateo Ramirez 

Jose Maria Cortes v Esparza, for the State of Guanajuato, Deputy Sec- 
retary. 

Isidoro Olvera, for the State of Mexico, Deputy Secretary. 

Juan de Dios Arias, for the State of PueWa, Deputy Secretary. 

J. A. Gamboa, for the State of Oaxaca, Deputy Secretary. 

Wherefore, I order that it be printed, published, circulated, and that it be fully 
complied with in the terms which it prescribes. 

Palace of the national government, at Mexico, February 12, 1857. 

IGNATIO COMONFORT. 
The Citizen Ignatio de la Llave, 

Secretary of State and of the Department of Government. 

I communicate it to you for its publication and fulfilment. God and liberty. 

LLAVE. 
Mexico, Fehruary 12, 1857. 



Xo. 2. 

[Translation.] 

Josi, Maria Patoni, constitutional governor of the State of Durango, to its 
inhabitants : Know ye that the honorable legislature thereof has decreed the 
following: 

The legislature of the State of Durango decrees : 

Article 1. The legislature of the State of Durango approves the decree of 
the honorable legislature of Zacatecas dated the 4th of May last past. There- 
fore it does not recognize as legitimate, and it protests against, the establishment 
of all authority foreign to the constitutional order. 

Article 2. Should such revolutionary authority be established the State 
Avill consider the federal compact broken, and it will reassiime its sovereignty, 
recalling its representatives in the general congress. 

Tlie governor of the State will order this to be published, circulated, and 
observed. 

EDUARDO ESCARZAGA, 

Dep ut >/ President. 
LUIS DE LA T(JRRE, 

Deputy Secretary. 
AGUSTIN LEYVA, 

Deputy Secretary. 
Victoria uk Dckamio, June 22, 1801. 



THE PRESENT CONDITION OF MEXICO. 155 

DuRANGO, Jmie 23, 18G1. 

Let this be published, circulated, and communicated to whomsoevei* it may 
concern for its strict observance. 

JOSE MARIA PATONI. 

CAYETANO MASCARENAS, Secretary. 

Washington, Xoveviher 28, 1861. 
A true copy. 

ROMERO. 

No. 3. 

[Translation.] 

Office of the Secretary of State of the 

Government of the State of Chiapas. 

The citizen governor delegate of the State has been pleased to transmit to me 
the following decree : 

The citizen Juan Chimaco Corzo, governor delegate of the free and sovereign 
State of Chiapas, to its inhabitants : Ivnow ye that the congress thereof has 
been pleased to decree the following : 

Article 1. The congress of the State, legitimately representing the people 
of Chiapas, solemnly declares: 

1. That it reaffirms the protest made by it on the 4th day of January of the 
present year not to recognize as legal any authority whatever foreign to the 
constitutional order, whatever may be its denomination. 

2. That if such authority, evidentally a revolutionary one, should be estab- 
lished, the State will consider the bonds of union dissolved with the power which 
may arise, and from that moment it reassumes its sovereignty. 

Article 2. The State of Chiapas declares that it Avill sustain the vote of its 
citizens and of the majority of the nation cast in favor of the citizen Benito 
Juarez, the constitutional President of the United Mexican States. 

Article 3. This protest shall be laid before the supreme government, the 
sovereign congress of the union, and will be transmitted to the legislatures of 
the States and their governments. 

The governor of the State Avill cause it to be printed, published, circulated, and 
carried into effect. 

Given at the chambers of the congress of Chiapas on the 30th day of the 
month of September, 1861. 

IGNACIO CARDONA, 

Deputy President. 
J. MANUEL GAMBOA, 

Deputy Vice-President. 
JOSE MARIA FLORE S. 
VICTOR DOMINGUEZ. 
FRANCISCO AGUILAR. 
ABRAHAM! ROJAS, 

Deputy Secretary. 

MANUEL L. SOLORZANO, 

Deputy Secretary. 

Wherefore, I order it to be printed, published, circulated, and observed. 
Given at the palace of the government, San Cristobal, September 30, 1861. 

J. C. CORZO. 
The Citizen Juan Jose Ramirez, 

Secretary General of the Department. 



156 THE PRESENT CONDITION OF MEXICO. 

Sax Cristobal, Septemhei- 30, 1861. 

And I communicate it to you for your information and necessary ends. 
Grod, liberty, and reform. 

RAMIREZ. 

Washl\gtOx\, November 28, 1861. 
A true copy. 

ROMERO. 



No. 4. 
[Translation.] 

Manuel Cardona, by law tbe constitutional governor ad interim of tlie free 
State of Aguas Calientes, to its inhabitants : Know ye tbat the following 
decree has been communicated to me by the secretary of the sovereign congress 
of the State : 

Most Excellent Sir : The honorable legislature of the State, under this 
date, has issued the following decree : 

Kumher 6. 

The sovereign congress of the State, in the name of the people whom it re- 
presents, decrees : 

Article 1. The State of Aguas Calientes, represented by the legislative 
house, repel the request made by the disagreeing representatives, in which they 
ask the citizen president of the republic to divest himself of his power. 

Article 2. The same sovereign congress give a vote of thanks to the citizen 
governor of the State of Queretaro for the worthy reply which he gave to the 
dissenting members, upon their requesting him to second their disorganizing and 
illegal views. 

Article 3. The State of Aguas Calientes, in conformity with its decree 
number 5, of the 13th of June of the present year, protests that it will defend 
the legitimate government ; and prays the constitutional president not to aban- 
don the chief magistracy of the republic. 

To the governor of the State for his approval. 

Given in the hall of sessions of the honorable legislature, on the first of 
October, one thousand eight hundred and sixty-one. 

ANTONIO RAYON, 

Deputy President. 
LUIS TOSCANO, 

Dejnity Secretai-y. 
JUAN G. ALCAZAR, 

Deputy pro Secretary. 

Which we communicate to your excellency for your information, renewing 
our consideration. 

God, liberty, and reform. Aguas Calientes, October 1. 1861. 

LUIS TOSCANO, D. S. 

JUAN G. ALCAZAR, D. P. S. 

His Excellency the Governor of the State. 

And that it may come to the knowledge of all persons. I order it to be printed 
and published by proclamation. 



THE PEESENT CONDITION OF MEXICO. 157 

Issued at the government hall, at Aguas Calientes, this 3d day of October, 
cue thousand eight hundred and sixty-one, in the fortieth year of the independ- 
ence and the third year of the reform. 

MANUEL CARDONA. 
J. IGNACIO MEDINA, 

Chief Clerk. 

Washington, November 28, 1861. 
A true copy. 

ROMERO. 



No. 5. 
[Translation.] 

Constitutional government of the free and sovereign State of Aguas Calientes. 

Bureau of Home GoverNiMent, 

Aguas Calientes, October 1, 1861. 

The government of the State of Aguas Calientes has carefully considered the 
request Avhich you made asking it to second the petition you have presented to 
the citizen president of the republic, with the view that he should resign the 
chief magistracy, and it would be wanting in its frankness and in its most sacred 
duties if it did not express in this reply all the ideas which that document has 
suggested. 

This government sees such an absurdity in the measure which is proposed 
by you to the citizen Benito Juarez that it utterly fails to comprehend how it 
could have entered the minds of persons so enlightened as the signers of the 
manifestation undoubtedly are. It is undeniable that a giddiness, produced by 
disappointment, has blinded you to that extent that you cannot see that the 
fundamental law of the nation is infringed upon ; that a wide door is opened to 
the aspirations which have been germinating ever since the capital of the rejiublic 
was occupied by the legitimate government, and by which the national inde- 
pendence is placed in imminent danger, by Avhich the bond which the federal 
system establishes is at once broken and the respect for law abandoned by those 
who should fearlessly sustain it. Civil war, being organized in factious, will de- 
stroy, in the most absolute manner, our beautiful country. 

The State of Aguas Calientes, by means of its press, has ever sustained the 
lawful government ; its citizens are fully persuaded that the national vote must 
be blindly respected, and its supreme legislature has thus manifested it in its 
decree No. 5, dated June 13, of the present year. 

The government believes that Mexico cannot be happy whilst the talents of 
the country, instead of promoting the interests of illegitimate aspirations, do 
not seek to inspire the majority with that great republican virtue by which a 
governor, when once elected, is obeyed and aided, its enemies becoming its most 
constant and decided supporters. 

Perhaps you, in the moment of excitement, have only thought of setting aside 
what is called an obstacle to the advancement of a policy, without considering 
that it is not the absence of an individual which is left you, but an abyss — a law 
overthrown — and a phalanx of aspirants, incapable of conducting the ship of 
state to the haven selected by the illusions of a few persons. 

If, in these circumstances, prudence is not resorted to ; if it is not sought in 
good faith to aid the man whom the law alone should set aside at the proper 
time, we must despair of ever definitely constituting ourselves, because the 



158 THE PRESENT COXDITIOX OF MEXICO. 

means "svliich you have adopted is entirely contrary to the sense of a nation 
grown Aveak through insurrections, and which has conquered the sublime right 
of spontaneously electing the functionary who shall preside over its destinies. 

This government, as the faithful interpreter of the voice of the state, replies 
to you that it cannot and nmst not second your petition, because it perceives 
that, by deviating in the slightest degree from the path of legality, it would be 
to sink itself into the mire of insurrections, and to contribute in that the civil- 
ized Avorld should witness the sad spectacle of eight millions of intelligent 
beings overcome by perpetual insanity. 

With the foregoing your petition is answered ; and now, renewing to you the 
assurances of my particular esteem, I am, &c. Liberty, constitution, and reform. 

MANUEL CARDONA. 
J. IGNACIO MEDINA,. 

Chief Clerk. 

Washington-, Koveniher 28, 1861. 
A true copy. 

ROMERO. 



No. 6. 

[Trauslatiou.] 

Government of the Free and Sovereign State of Queretaro, 

Queretaro, Beptemher 22, 1861. 

I have received the circular which you were pleased to address to the citizen 
governor of the States under date of the 15th instant, and it becomes my duty 
to make the reply due thereto, and as you anticipate my frankness, which is 
most agreeable to me, I have the honor to reply to you. 

In addressing yourselves to the citizen president, asking him to relinquish the 
position in which the national vote has placed him, you give the reasons upon 
which you base your petition, charging upon the administration of Mr. Juarez 
all the serious evils which siirroimd our unfortiuiate country. I declare to you 
that I see in this petition only the best intentions on your part, and far from me 
is it to accuse you of a dishonorable object, but I cannot do less than to point 
out to you the very serious calamities which the realization of yom- views thus 
initiated would entail. 

As you yourselves admit in your petition, the revolution which has caused 
the banner of reform to triumph on the helds of battle, has not been one of the 
many commotions Avhich have agitated the country, and you yourselves desire 
to convert this revolution, Avhich up to this period you know to be just, into one 
of the many convulsions Avhich ambition and brutal force have created in this 
country. 

If this reA'olution, which you sustain, has had up to this day a national — a 
social — character, it has been because, as yoii also admit, it has been the only time 
that the laAV of legitimacy has prevailed in our country and not that of the 
sword; nevertheless, even conceding your petition, it Avould bring with it a 
principle of anarchy, because it would enable any faction to remove a magistrate 
whenever it saw lit to do so, and the respect Avhich the laws should have would 
be lost. Of what use then would be constitutions, electoral laws, and the ])nb- 
lic vote in a country where tlie president descends from the high position to which 
the national Avill has elevated him, at the simple suggestion of a mere handful 
who in this or that character desire him to do so? 

The citizen Juarez is charged with the evils which afflict the country, I 



THE PEESENT CONDITION OF MEXICO, 159 

shall ueitlicv set mysc4f uj) as the judge of the accused, nor as the eulogist of 
him who is iu power. I Avithhold my personal convictions, and I only speak to 
you as the representative of a State of the Mexican confederation. 

The State which has honored me with its confidence, when called upon to cast 
its vote like the others of the confederation for the presidency, did not do so in 
behalf of the citizen Juarez, because such was its convictions. But when once 
the electoral contest had tenninated, it was the first to acknowledge the national 
will, as it will be to sustain it. 

No State more than that of Queretaro more deeply deplores the misfortunes 
which have overwhelmed it, because it has been unfortunately selected by the 
reaction as the theatre of its operations ; and for the sake of justice it coiifesses 
that if the inability of the general government has been the cause that the pro- 
per remedy has not been applied to its evils, it also knows that this same gov- 
ernment on many occasions adopted measures of an efficacious nature, and which 
did not have their salutary influence because the most urgent orders were 
frequently disobeyed by those to whom they were directed, perhaps already 
with the view of preparing the way for that which now occupies our attention. 

In a Avord, fellow-citizens, the evil exists and it is a very serious one, but let 
not the remedy be sought in the persons ; let it be sought for at its true origin ; 
let these men of talents and with good intentions, sustained by the Avise hnvs, 
seek to find the remedy, and let them not seek for an nnfortunate division among 
ourselves, which would destroy us in times like these ; let the sovereign con- 
gress unfold the programme of reform, and Mexico Avill be saved; but let not 
anarchy be introduced, nor the respect for the laws be relaxed. 

I believe, fellow-citizens, that I am in duty bound to make to you one last 
remark. The thought of the deposition of Mr. Juarez is not a measure dictated 
by a sincere policy, but it is an artifice, Avhich is fully characterized as the 
revolt of certain ambitious parties, because I had previously been made acquainted 
with their labors by an invitation to aid them ; and I, comprehending the serious 
evils which Avould be entailed thereby upon the country, repelled it with all the 
energy of my character, because yon, in enumerating the evils Avhich the citizen 
president has caused, forget to make mention of the triumph of the reaction, 
AA'hich the desire to apply to them the remedy Avhich you proposed Avould bring- 
about. 

Such is the sincere expression of my A'icAvs, and as such I giA^e it to yoii. I 
present it to the nation Avhose name you iuA^oke, that it may pronounce its judg- 
ment, and I conclude by declaring to that same nation that in me not individuals 
but principles will find a defender, and tliat the arms Avhich have been intrusted 
to the State under my command shall never be used in breaking up the laws for 
the benefit of a faction, but, on the contrary, to sustain them Avith all the energy 
of him Avho feels the deep conA'iction that he complies Avith his duty. 

I rencAV to you the considerations of my esteem. Libertv and reform. 

JOSE MARIA ARTEAGA. 

Citizen Deputies Juan 0. Careaga, Manuel 0. Db Montellano, and 
Jose Linares, Mexico. 

Washington, November 2S, 1861. 
A true copy. 

ROMERO. 



160 THE PEESEXT CONDITION OF MEXICO. 

No. 7. 

[Translation.] 

Supreme governvient oftliefrec State of Jalisco, section of government. 

Guadalajara, September 30, 1861. 

I have received the circular communication which you were pleased to address 
to the government under my charge, dated the 15th of the month iiow closing, 
in which, as a committee in behalf of the citizens who signed the memorial 
addressed to the present depositary of the supreme executive power of the 
republic, asking him to resign the post Avhich he now occupies, you urge me to 
second the views contained in that petition. 

In due reply, I have the honor to state to you that I do not concur iu the 
mode proposed for obtaining the resignation of the citizen Juarez, nor in the 
change of this functionary, for reasons which I shall set forth. 

1st. Because the mode is illegal, as the petitioners have already been told in 
reply: for it is opposed to a declaration of the constitution, in virtue of which 
the citizen Juarez is president of the republic for the period marked out by the 
fundamental law. 

2d. Because fifty-one citizens, whatever may be the character and political 
representation of the party with which they are xmited in obtaining a change of 
this kind, do not form a majority of the nation, whose sovereign will ought to 
be respected. 

3d. Because the change which is desired is not, in the judgment of the under- 
signed, the radical remedy that ought to be chosen for curing the evils Avhich 
are deplored, but, on the contrary, is a brand of discord among true liberalists, 
which, in the present revolutionary circumstances of the country, M'ould drive us 
into an abyss, from Avhich we could not be withdrawn by the declamations of 
the press, nor by the conviction of having acted with imprudence on a subject of 
vital interest. 

According to the fundamental code of the republic, the ministry is responsible 
for the administrative acts of the executive, for which acts the ministers may 
be arraigned if they are wanting in obedience to the laws, since no order of the 
executive chief is to be obeyed unless it be authenticated by the secretary of 
the department to which it belongs, diiferently from the president, Avho, not- 
withstanding, is responsible for infractions of the constitution and laws, but can 
only be arraigned during his official term for offences of treason to his country, 
express violation of the fundamental charter, attack on the freedom of elections, 
and grave offences of the common order. 

Therefore, I do not deem it just to reproach the citizen Juarez with the 
faults, omissions, and evils which are deplored by the fifty-one petitioners in 
the cmuneration of them which they make in the appeal that they have thought 
proper to address to me. What is right, what is politic, and what is suitable, 
if there really be faults to charge, is to ask that the responsibility of the 
ministry be made effective. In any other mode the road is crooked, the evil is 
aggravated, and the law, the preservation of which has cost so much blood find 
countless sacrifices on the part of Mexicans, is frustrated. 

The luidersigned is not a partisan of persons ; his convictions are firm for 
principles ; and believing, as he does, that the evils complained of in the country 
are not to be attributed to the present president in jx'rson, he thinks that, while 
no off'ence of those provided for in the constitution is connnitted, he ought to be 
left iu peace to finish his term, to be assisted with the exertions of the truly 
liberal in the discharge of his painful tasks, to be surrounded Avith a prestige 



THE PRESENT CONDITION OF MEXICO. 161 

and a respectability that are interested in tlie triumph of principles and not of 
persons, and that meanwhile the person should be sought who is most fit, in the 
opinion of the nation, to take his place when his temi shall be ended. 

Such are the convictions of the undersigned, which, Math the frankness that 
characteiizes him, he has the honor to make known to you, in resj)onding to 
the appeal which you have been pleased to address to him. 

I assure you of my respectful consideration and particular esteem. 
God, liberty, and refoiTo. 

PEDRO OGAZON. 
IGNACIO L. VALLARTA, 

Secretary. 
The citizens Juan Ortiz Careaga, M. M. Ortiz de Montellano, and 
Jose Linares, Mexico. 

Washington, November 28, 1861. 

A true copy. 

ROMERO. 



Mr. Romero to Mr. Seicard. 
[Conridential.] 



Washington, December 21, 1861. 

My Dear Sir : I have the honor to send you herewith a copy of the trans- 
lation I read you in our interview of this morning of some remarks in regard to 
Mexico contained in the addresses delivered by the presidents of the congress 
and senate of the Spanish cortes, in reply to the queen's speech on the opening 
of the cortes. 

I am, sir, very respectfully, your most o])edient servant, 

M. ROMERO. 
Hon. William H. Seward, Sfc., ^r., Sfc. 



Extract from an address of Senor Martinez de la Rosa to Queen Isabella in 
behalf of the Spanish congress, delivered on the 19th of November last. 

Making a parallel between the present Isabella and Isabella the I of Spain 
Serior Martinez de la Rosa proceeds as follows : 

" In those days, as in the present, the weight of Spain in the political scale 
of Europe was increased. The Spanish soldiers were crowned with abundant 
laurels on the African coast, and they are preparing themselves, if necessary, to 
hoist again in Mexico the standard of Hernan Cortes. What morel Even the 
first island discovered by Columbus has just now returned to the bosom of the 
mother country." 

The following is an extract from the remarks of the president of the Spanish 
senate, the Marquis del Duero, in reply to the address of Queen Isabella on the 
opening of the Spanish cortes : 

" The senate has learned with satisfaction that your Majesty is disposed to 
give an example of wholesome energy and a testimony of a noble generosity, 
inviting also France and England, who equally have cause to complain of the 

H. Ex. Doc. 100 11 



162 



THE PKESENT CONDITION OF MEXICO. 



outrages of the Mexicans, to follow our example, and to associate with us in 
order to obtain the satisfaction we have the right to exact, and to cause that 
people, worthy of a better fate, to feel, through the power of arms, the necessity 
of having a government really in harmony Avitli the requirements of so rich a 
country." 



Mr. Ro?nero to Mr. Seward. 



[Translation.] 

Mexican Legation to the United States, 

Washington, January 24, 1862. 

Mr. Secretary : I have the honor to remit enclosed copies, mentioned in 
the adjoined index of the documents which I yesterday received from the Mexi- 
can government, which show the condition the republic was in at the close of 
December last past by reason of the Spanish invasion, to which I refen-ed at 
our interview this morning. 

I gladly avail of this occasion to reiterate to you, sir, the assurances of my 
most distineruished consideration. 

^ M. ROMERO. 

Hon. W. H. Seward, Sfc, Sfc., Sfc. 



[Translation.] 

Index to the documents which the Mexican legation to-day transmits to the De- 
partment of State of the United States, annexed to the note of this date. 



No. 


From and to -whom. 


Date. 1 Contents. 


1 
2 

3 

4 


Mr. Rubalcara to Mr. 
Llave. 

Mr. Llave to Mr. Ru- 
balcara. 

Mr. Doblado to Mr. 
Llave. 


1861. 
Oct. 14 ! 

Oct. 15 

Oct. 17 i 


Siirrender of Vera Cruz and Ulloa. 

Answer to above. 

Reply of the federal government about surrender 

of Vera Cruz and Ulloa. 
Circular to governors of States about Spanish in- 


5 






vasion. 
Decree closing the port of Vera Cruz. 


6 




Oct. 18 
Nov. 26 


Manifesto of the President to the nation. (For 


7 




this manifesto see enclosure in Mr. Corwias 
despatch No. 10, of December 24, 1861.) 
Decree abrogating the law of July 17, relating to 


8 




suspension of the payment of the foreign bebt. 
Speech of the president on closing the session of 


9 






congress. 
1 Reply of the president of the congress. 











Washinoton, Jiinvary 24, 1862. 



THE PRESENT CONDITION OF MEXICO. 163 



No. 1. 

[Translation.] 

COMMANDER-IN-CH[EF OF THE NAVAL FORCES OF HER CATHOLIC MAJESTY 

IN THE ANTILLES. 

Steamer Isabel la Catolico axd anchorage of 

AxTON LiZARDO, December 14, 1861. 

Senor Governor: The long series of injuries inflicted upon the governmen'' 
of her Catholic ]\IajeBty by that of the Republic of Mexico, the repeated 
violences committed upon Spanish subjects, and the blind obstinacy with which 
the government of Mexico has «Onstantly refused to listen to the just reclama- 
tions of Spain, always presented with the moderation and decorum proper to 
so chivalrous a nation, have placed my government under the necessity of aban- 
doning all hope of obtaining by conciliatory measures a satisfactory adjustment 
of the grave differences existing between the two countries. 

The government of her Catholic Majesty resolved, however, to obtain full 
reparation for these many outrages, has ordered me to commence my operations 
by occupying the city of Vera Cruz and the Castle of San Juan de Ulloa, 
which will be held as a hostage security, {jrrcnda pretoria,) until such time as 
the government of her Majesty shall feel assured that for the future the Spanish 
nation will be treated with the consideration Avhich is due it, and that the com- 
pacts which have been celebrated between both governments shall be religiously 
observed. 

You will communicate with me through the consul of France, charged with 
representing the commercial interests of Spain, within the term of twenty-four 
hours, reckoned from the moment you receive this intimation, whether you are 
disposed or not to surrender to me the city of Vera Cruz and the castle, with 
the understanding that if your reply is negative, or if at the expiration of the 
time fixed I have not received any reply, from that moment you may consider 
hostilities as commenced, to which end the Spanish force Avill be disembarked. 

It is my duty to inform you that although I make this demand only in the 
name of Spain, according to the instructions which I have received, the occu- 
pation of this city and of the castle Avill serve equally as a guarantee for the 
rights and reclamations against the government of Mexico which the govern- 
ments of France and Great Britain have to make good. 

It remains for me to make known to you that the mission of the Spanish 
forces does not in any Avay interfere with the internal political questions of the 
country. All opinions will be respected, no censurable act will be committed, 
aiad from the moment that our troops occupy Vera Cruz, the Spanish chiefs will 
respond for the security of the persons and property of its inhabitants, Avhat- 
ever may be their nationality. 

To you and to the other Mexican authorities it belongs to afford protection 
to foreigners until that occupation shall be carried into effect, whether it be 
pacifically or by force of arms. If Spanish subjects, or other foreigners, should 
be persecuted or outraged, the forces which compose this expedition will find 
themselves under the severe but unavoidable necessity of recurring to reprisals. 

I entertain the hope that whatever may be your resolution, }^ou will act with 
that discretion which is to be expected, and, penetrated with the conviction that 
the Spanish forces, always humane, always noble and loyal, even Avith their 
enemies, will not take the first step in the path of violences, reprehensible CA^en 
in case of Avar ; will avoid all species of crimes AA^hose sole result would be to 
make more difiicult, if not impossible, the arrangement of the pending interna- 



164 THE PRESENT CONDITION OF MEXICO. 

tional questions. I avail myself of this opportunity to offer to you the assu- 
rances of mv consideration. 

JUAN GUTIERREZ DE RUBALCARA. 

The Governor of the State of Vera Cruz, <^., ifc. 

Washington, January 24, 1862. 
True copy. 

ROMERO. 



No. 2. , 

[Translation.] 

MEXICAN EEPUBLIC, GOVERNMENT OF THE FREE AND SOVEREIGN STATE OF 

VERA CRUZ. 

Vera Cruz, December 15, 1861. 
Sir : I am in possession of the communication which was deli\'ered to me by 
your commissioners at 1 p. m. on the 14th instant, and beg to inform you that 
while I have made myself acquainted with its contents, and forwarded a copy 
to the commander-in-chief of the eastern forces, I have sent the same by express 
to the chief magistrate of the nation. As you inform me that it is your deter- 
mination, after the expiration of twenty -four hours, to attack this city and the 
fort of UUoa, and that in demanding their surrender, in virtue of your mission, 
you are merely desirous of holding them as hostages, I shall retire with the 
government under my charge to an adjacent point, not only with a view to pre- 
serving order, but to transmit to you the reply of my government, on which I 
depend. 

The recommendation which you have made relative to the respect due to for- 
eigners was unnecessary, as in this republic those belonging to other nations are 
so much respected and enjoy so many advantages that I can assure you the 
condition of a Mexican citizen is disadvantageous as compared with that of a 
foreigner. As a proof of Avhat I state, I may cite the testimony of many honor- 
able foreigners who live amongst us, and, above all, the conduct observed by the 
Mexicans under present circumstances. 

The news of the war which Spain has brought upon Mexico has for some 
days been known among us ; and not-withstanding this, and the indigDation 
excited by the injurious articles contained in several of the newspapers of the 
peninsula, the Spaniards have been respected, and not only have they not in any 
way been injured, but they have not even in the slightest degree been insulted. 
Badly disposed persons, and perhaps even degenerate Mexicans, have given 
sinister information to European governments ; but the truth is what I have 
stated, and the time may perhaps come M^hen you will see this and judge for 
yourself. 

Whatever may be the lot that awaits this city, I have to inform you that, by 
order of the federal government, the town council will remain, with a force of 
police and some neutral foreigners — the latter armed, at my request, with the 
sole object of preserving order uj) to the last moment. 

As the object of the al)ov(>-nam(Hl corporation and the forces belonging thereto 
is merely as indicated above, I trust in your gentlemanly character and the good 
discipline of your subordinates to respect tlie said body and the above-mentioned 
forces. 

In conclusion, I have to inform you that it is much to be regretted that 



THE PRESENT CONDITION OF MEXICO. 165 

nations who, on account of their origin and identity, as well in language as in 
customs, ought to remain united and on intimate terms of friendship, should 
to-day, for groundless reasons, in my opinion, find themselves on the point of 
opposing each other, and commencing a struggle the end of which cannot well 
be seen. 

I avail myself of this opportunity to offer you my most distinguished con- 
sideration. 

Liberty and reform. 

IGNACIO DE LA LLAVE. 

The Commander of her Catholic Majcsti/s forces 

in the Gulf of Mexico. 

Washington, January 24, 1862. 
True copy. 

ROMERO. 



No. 3. 

[Translation.] 

SECRETARY OF STATE AND DEPARTMENT OF FOREIGN AFFAIRS AND GOV- 
ERNMENT. 

Mexico, December 17, 1861. 

The citizen president, to Avliom I have given account of the communication 
directed to you by the commander of the Spanish naval forces, and of that 
which jow sent to that chief in reply, has ordered me to say to you to follow 
punctually the instructions which have been given by him beforehand for the 
case, which has now arrived, of the open commencement of hostilities on the 
part of the subjects of Spain, and that it is to be now left to the military action 
of General ITraga, who commands in chief the Mexican army, to proceed in his 
sphere in conformity with the provisions that have been made. 

Far will it be from the government of the republic to direct itself to a chief 
who, throwing aside all the formalities of the rights of peoples, commences by 
demanding the delivery of a city. The cry of war that the whole nation has 
spontaneously uttered marks out to the government the path which it should 
folloAV ; and it Avill not be the citizen president who will recede before a foreign 
invasion, and with all the more reason when in this case Mexico does no more 
than repel force by force, using its most unquestionable natural right. 

I enclose to you, by superior order, a copy of the decree and circular which 
have to-day been remitted by extraordinary express to the governors of the States, 
recommending to you to second, with all the energy and activity demanded by 
the circumstances, the plans of the government, by the faithful execution of 
which the president does not doubt the invasion which threatens to destroy our 
liberties and our independence will be effectually repelled. 

Liberty and reform. 

DOBLADO. 

The citizen Governor of the State of Vera Cruz. 

Washington, January 24, 1862. 
True copy. 

ROMERO. 



166 THE PRESENT CONDITION OF MEXICO. 

Ko. 4. 

[Translation.] 

SECRETARY OF STATE AND DEPARTMENT OF FOREIGN RELATIONS AND OF 

GOVERNMENT. 

Mexico, December 17, 1861. 

By order of the citizen president, I have the satisfaction of remitting to you 
copies of the communications exchanged between the commander of the Spanish 
forces at Vera Cruz and the citizen governor of that State, as well as of the 
decree and manifesto which the supreme magistrate has thought proper to-day 
to issue, in order that the States should arouse to the defence of our independ- 
ence. 

After having exhausted all means of a pacific settlement between Spain and 
Mexico, the government of the republic, strong in the consciousness of right, 
and feeling all the impulse of the popular opinion pronounced for war, accepts 
that which has been initiated by the Spanish forces in a mode so unheard of, 
because its right is unquestionable to repel force by force ; and it protests before 
the civilized world that the responsibility of all succeeding acts will fall solely 
upon the government of the Queen of Spain, who so inconsiderately has espoused 
the unjust charges with which the enemies of the liberty of Mexico have sought 
to speculate. 

Notwithstanding our intestine divisions, the sentiment of independence and 
the hatred of the ancient rulers of our county is still preserved alive, although 
the latter is lessened by the effect of education and the civilization of the age. 
The citizen president, in raising aloft the flag of Mexican nationality, does no 
more than follow the torrent of public opinion ; and he has the pleasure of seeing 
grouped around him, on the day of national conflict, the greater part of those 
Mexicans who, from differences of political opinions, remained disunited, who 
have now abandoned their revolutionary flags at the flrst call of the country. 

Although the government has the full right to expel from the territory of the 
republic all Spaniards resident within it, it has refrained from doing so for the 
presezrt, because it believes that acknowledging the generosity with Avhich they 
are treated they will strictly observe that neutrality which their position requires. 
The president has thus given another proof of the consideration which he has 
always exercised in the conduct of his foreign relations, proving by indisputable 
acts that it is not his fault that those relations should have reached the luifortu- 
nate state in which they are now found. 

The president, therefore, hopes that giving prompt and exact compliance to 
the decree of which mention was made at the beginning of this circular, you 
Avill place in march within the shortest ])ossible time the contingent of armed 
force which is therein assigned, and that you will, beside, make use of all the 
ofiicial means within your power, as governor, to place the State which is under 
your worthy command in the attitude of preparation which is demanded by the 
nature of the circumstances, exciting by every means in your ]iower the patriot- 
ism of all of its inhabitants that they join for the connnon defence; and if the 
luifortunate case arrives that the enemy p(?nctrates into the interior, that all the 
inhabitants of the country rise e?i viasse, and oppose lyith their swords and their 
constancy an impregnable wall to the pr(\-*umption of our invaders. 

B(; the memory of Hidalgo, and of ]Moralos. and of Guerrero, rhe model of 
the Mexicans, and the standard borne aloft in the ranks of our army in the liour 
of the combat. Long live oiu- independence! Long live the rei)ublic, libertv 
and reform. ' UOBLADO. ' 

The citizen G(nM;R.\OR ///' fZ/e S/afc of . 

Washington. January 24, 1862. 
True copy. ^ RO^IERO. 



THE PRESENT CONDITION OF MEXICO. 



167 



No. 5. 
[Iranslaiion.] 

The coni?titutional president of tlie republic has been pleased to direct to me 
the following decree : 

Benito Juarez, constitutional president of the Mexican republic, to the inhab- 
itants of the same maketh known : 

That Spanish forces having occupied the port of Vera Cruz, and by the same 
act hostilities having been opened between the republic and Spain, in use of the 
ample faculties with which I am invested, I have thought proper to decree the 
following : 

Article 1. The port of Vera Cruz is closed from the 14th instant to the 
foreign and coasting trade. 

Art. 2. All Mexicans who shall join the Spaniards with arms in their hands, 
or that in whatsoever manner shall favor their cause, are hereby declared traitors 
to their country, and shall be punished as such. 

Art. 3. The time conceded to the reactionists by the law of amnesty of the 
2d of the present month to take advantage of the indulgence offered by the 
government is extended for fifteen days more, and is made applicable to all 
Mexicans except those who, in the judgment of the government, are not open 
to receive it, to which end an examination shall be made in each particular case. 

Art. 4. The governors of the States are authorized to dispose of the revenues 
belonging to the general government within their respective States, to the end 
that with the utmost possible expedition may be put in march the contingent 
of armed force assigned in this decree. 

Art. 5. The contingent of the States is that Avhich follows : 



States. 


No. of meu. 


States. 


No. of men. 




3,000 
3 000 


Gruerrero 


2,000 


Oaxaca - - 


Yucatan 


2,000 


Gruanai uato 


3 (3oo 


Tabasco 


2,000 


Jalisco 


3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
3,000 
2,000 
2,000 
2,000 
2,000 


Aguas Calientes 

Queretario 


1,000 


Zacatecas .... 


1,000 


San Luis Potosi 


Colima 


1,000 




Chiapas 


1,000 


Michoacan 


Tlaxcala 


1,000 


Tuebla 


Baja California 


1,000 


Vera Cruz 


Sonora 


1,000 


Nuevo Leon y Coahuila . . 


Sinaloa 


1,000 


Total 






52, 000 


Chihuahua 











Art. 6. In addition to the placing of the contingent designated in the pre- 
ceding article at the point which will be opportunely designated by the govern- 
ment, the governors will place under arms all the national guard which they 
have disposable, providing such extraordinary measures as in their judgment 
may be necessary for the procuring of the resources required for the maintenance 
of such forces. 

Art. 7. The Spanish residents in the country will continue to live under the pro- 
tection of the laws, and will only be punished in conformity with the same when, 
■abusing the generosity of the government, they shall afford aid to the invader. 



168 THE PEESENT CONDITION OF MEXICO. 

Wherefore, I order that it be printed, published, circulated, and that it be 
duly complied with. 

Dated in the national palace of Mexico, the 17th of December. 1861. 

BENITO JUAEEZ. 
The citizen Manuel Doblado, 

Mi?iister of Foreign Relations and of Government. 

And I communicate it to you for your compliance and the consequent ends. 
God and liberty! Mexico, December 17, 1861. 

DOBLADO. 
The citizen Governor oJ the State »f . 



True copy. 



Washington, January 24, 1862. 
ROMERO. 



No. 7. 
[Translation.] 

The constitutional president of the republic has been pleased to send to me the 
decree which follows : 

The citizen Benito Juarez, constitutional president of the United Mexican 
States, to their inhabitants : Know ye that the sovereign congress of the union 
has judged proper to decree as follows : 

Article 1. The provisions of the law of the 17th Jiily of the present year, 
which relate to the diplomatic conventions and the debt contracted in London, 
are abolished. 

Article 2. The government will immediately put in course of payment the 
respective assignments, in conformity with the provisions and regulations ante- 
rior to said law. 

Article 3. The government will at once send to congress notice of the 
amounts subsisting at the time of the passageof the law, and of what has been re- 
ceived since, pertaining to those assignments, initiating the laws which it may 
deem necessary to make good such amounts to the creditors imder the conven- 
tions and of the debt contracted in London, and to supply the treasury with the 
amount that may be wanted for this purpose. 

Given in the chamber of sessions of the congi*ess of the union in Mexico 
the 23d of November, 1861. 

MANUEL DUBLAN, Delegate, President. 
JUAN N. GUZMAN, Delegate, Secretary. 
ANSELMO GANG, Delegate, Secretary. 

Palace of the Federal Government in Mexico, 

November 26, 1861. 

Therefore, I order that this be printed, published, and circulated, and be duly 
executed. 

BENITO JUAREZ. 



THE PRESENT CONDITION OF MEXICO. 169 

Mexico, November 26, 1861. 

And I enclose it to you for your directions and due consequences. 
God, liberty, and reform. 

GONZALES. 
To Citizen Jose Gonzales Echeverrias, 

Minister of Finance and Public Credit. 



Xo. 8. 
[Translation ] 

Speech of the president of the republic at the closing of the sessions of con- 
gress, December 15, 1861. 

Citizen Deputies : You are about to suspend your legislative functions in 
the midst of the most diificult circumstances which have suiTOunded Mexico 
since her independence. Your final resolutions have risen, however, to the grave 
necessities of the moment, since on retiring you have conceded to the executive 
all the faculties which are necessary to confront the perils which threaten us. 

The government, which sees in these extraordinary faculties an immense in- 
crease of responsibility, and which will exercise them only in the name of the 
national representation, without other title than the imperious emergency of the 
circumstances, nor other object than the salvation of the republic, feels equal 
timidity in accepting them, and desires to return them to the sovereign power 
from whence they are derived. 

The supreme emergency of the present moment does not weaken the lippe 
which the government has manifested on another occasion, and which it still en- 
tertains, of averting the perils which threaten our nationality, and of re-estab- 
lishing peace under the protection of law and <;»f liberty. 

In this work, so difficult, the government has as guarantees of its success the 
patriotism of the Mexicans and the spirit of reason and of equity, which must 
prevail among the other nations. Tlie ^lexican goverxmient remains faithful to 
its sentiments of peace and of good feeling toAvard other people, and of loyalty 
and moderation toward their representatives, and it hopes to be able to procure 
that the European governments, whose judgment has been deceived by the ene- 
mies of our liberty, with reference to the situation of the republic, will come to 
see in what they allege as injuries only one of the inevitable consequences 
of a revolution highly humanitarian in its character, which the country com- 
menced eight years ago, and which has already begun to realize its promises, 
not only to Mexicans, but also for foreigners themselves. 

These can easily comprehend that a revolution of refonn, which in its pro- 
gress has wounded more or less, though occasionally, some interests, will, in the 
end, place upon a solid basis all that is most desirable in point of moral and ma- 
terial order, for the benefit of all the inhabitants of the nation, and they will 
acknowledge that it has already substituted religious liberty, freedom of com- 
merce, and fraternity with the emigrants from other countries, for the system of 
suspicion and of exclusiveness Avhich, until recently, has dominated the interior 
and foreign policy of the republic. 

Other people cannot overlook, except momentarily, the interest which they 
have in aiding us with their sympathy in consolidating a revolution, the fruits 
of which they will enjoy as well as ourselves. 

For this it is that the government hopes, in the war with which the republic 
is threatened, that the voice of reason, of justice, and of equity, will still be 
heard, and that rather than by the power of arms, the peril will be allayed by a 
iust and equitable arrangement, compatible with the honor and the dignity of 



170 THE PRESENT COXDITIOX OF MEXICO. 

the nation. But if it shall not be so, if it results that our hopes are frustrated 
the government will employ all the energy which love of country and a con- 
sciousness of right can inspire, to stimulate the people to defend their revolu- 
tion and their independence, having, as the guarantees of our success, the jus- 
tice of our cause and the patriotism which, among all the citizens of the republic, 
has been aroused by the sole announcement that the independence of our coun- 
try might be in peril. 

The government will do its duty, and if, as it does not doubt, jMexico, by a 
supreme effort of her sons, is preserved through a foreign war, and has the hap- 
piness to see peace again re-established, congress, at its next session, will come 
together to take advantage of this position, and by dictating wise laws will con- 
solidate, and finally establish, our independence, liberty, and reform. 

Washi\gtox, January 24, 1862. 
True copy. 

ROMERO. 



No. 9. 

[Translation.] 

Reply of the president of congress. 

Citizen President : Progress is a law of humanity ; but this, to develop 
itself, has required among all people these terrible crises which are called revo- 
lutions. History teaches us that all nations, to reach reform and true civiliza- 
tion, have had to pass through terrible proofs and to suffer unhappy sacrifices, 
and it has been often seen that the most powerful peoples have touched upon the 
border of ruin, but have saved themselves, notwithstanding, by the faith and by 
the union of their sons. 

Mexico passes at this moment through one of these diflicult situations, because 
the upturning which it has been necessary to have felt throughout its society to 
establish the refuiTQ and secure the regeneration of the country, has given rise 
to immense difficulties, as well in the interior as in the exterior relations of the 
republic. The congress of the union has comprehended this state of things, and 
its labors have demonstrated that its attention has been divided between the civil 
struggle which has devoured us and the foreign war which threatens us, and it 
has issued laws which tend to terminate in so far as possible the former, aud 
which will impede or prepare the nation for the latter. 

A law has been passed protecting the citizens in the enjoyment of the guar- 
antees conceded to them by the fundamental code. This law, the fruit of long 
discussions, is, so to speak, the complement of the constitution, which assures 
the rights of the man and of the citizen, and opens the tribunal to the complaints 
of those who shall feel injured in their rights b}- any of the authorities of the 
federation or of the States. Without this law these guarantees would not really 
exist, but only be promised, because tluire existed neither the mode nor the tri- 
bunal which should re])air in private cases the abuse of power to th(> prejudice 
of the individual, Avhicli latter only saw a remote and impr(d)ab]e indemnification 
for injuries occasioned by the agent of powers which had no judge. 

Postal and extradition treaties celel)rar(Hl with the United States have been 
ratified. Respecting the ])rinciples which for a long time have constituted a 
phase of the civilization of Mexico, it has been expressly stipulated that neitlier 
those responsible for political offences, nor slaves, shall ever be the obj(>ct of 
extradition. Thus, by an international compact with the United States will 
remain sanctioned forever the libertv of the slave by the fact of touching the 



THE PRESENT CONDITION OF MEXICO. 171 

Mexican territory, and forgetfulness for those who, for political errors, shall fly 
to the neighboring nation, pursued by the remorse of having co-operated toward 
tiie misfortunes of their country. 

At the preceding period of sessions, and by the initiation of the executive, 
■congress decreed the law of 17th July, which, among other provisions, suspended 
the payment of the diplomatic conventions. The members of the cabinet hoped, 
and thus intimated to the house, that this law would not produce any conflict 
with those powers whose payments Avere to be suspended; and as much for this 
reason as from the right of self-preservation — for that period was a terrible one 
for the country — the suspension of all payments for two years was decreed, in- 
cluding those of the conventions. But our diplomatic relations sufifered from 
this law, which was resented by them, and the executive presented to the house, 
as a solution of the difiiculties with England, the treaty arranged between the 
government of Mexico and the minister plenipotentiaiy of her Britannic Majesty. 
The stipulations of this treaty appeared to the house injurious to the nation, 
in that it recognized and covered with the British flag, besides the English con- 
vention, the debt contracted in London in 1823, and the payment of the sum 
taken by the so-called government of Miramon from the house No. 1, Calle de 
Capuchinas. 

For the payment of all these credits a very large part of the revenues of its 
custom-houses was to be sacrificed, and at the same time the tariff of duties low- 
ered and all existing pi-ohibitions removed. 

The question as to figures, however, would have been nothing, notwith- 
standing its great importance, if this treaty had not also contained stipula- 
tions humiliating to the dignity of the republic. The national bonds Avhich 
were to be emitted in virtue of this treaty were required, for their validity, to 
bear at the side of the signature of our minister of treasury the signature of the 
agent of our creditors. By such condition the paper which was to be emitted, 
as it was to be received on account of duties, would have a real monetary repre- 
sentation, and be without value if it lacked the signature of the agent of the 
creditors. 

No nation of the woi-ld would have accepted such a humiliation, and Mexico 
consenting to it would, so to speak, have consented to stamp its money with the 
arms of England. 

The administrators and employers were also to be subject to an affective 
tutelage, exercised by the consiilar agents and by the attorneys or agents of the 
English creditors, who could ask for their revision all the books and documents 
of the custom-houses. 

The congress saw, in all this, mterventiov. ; it saw, in all, reproach and dis- 
honor for the republic. The sovereignty of a nation cannot be preserved from 
the moment that it has not an absolute independence in the most unimportant 
of its acts, because, although the individual in society may be free and yet de- 
pend upon an authority and have a judge, a nation can depend upon no one, and 
can have no other judge of its actions but Providence. 

Congress, at the same time, desires peace ; it desires it in the name of the 
repiiblic ; it desires it at all costs and with whatever sacrifice ; but never at the 
sacrifice of the national honor, nor of the sovereignty and independence of Mex- 
ico. The honor of Mexico was comproniised in a shameful manner in this treaty, 
and congress rejected it without hesitation. 

But, as a proof of the morality of the nation always desirous of complying 
with its compromises, and that it was not interest which moved the national 
representation to reject the treaty, the law of the 17th of July which suspended 
the payment of the diplomatic conventions was repealed in this part on the day 
following the rejection of the treaty, and provision made for the payment of the 
dividends which would have been satisfied during the time for which the sus- 
pension had continued under the law. 



172 THE PRESENT CONDITION OF MEXICO. 

War, however, appears certain ; Spain hastened with a squadron, the minister 
of the Emperor of the French asks his passports and retires ; and the threat of 
a league between France, Spain, and England against Mexico is presented in 
the horizon as a tempest. 

In these solemn moments the house believed that it Avas necessary that the 
republic should prepare for the combat ; Mexico is not a feeble and infirm nation, 
as it has beeu sought to paint her in the eyes of European nations ; and if the 
bloody struggles of long civil war have deprived her of part of her strength, the 
union of all her sons will present her again powerful. Born of this conviction, 
the law of amnesty comes to procure the union of all Mexicans, with foi'getful- 
ness for all political offences. 

The defence of the country is the glorious opportunity Avhich Providence has 
prepared for those who were still combatting Avith arms in the hand against the 
legitimately constituted government to cease this useless strife and come to group 
themselves for the commencement of a national struggle at the side of the flag 
which our fathers left to us in giving las independence. 

Mexico has had political parties whose profound divisions have enveloped the 
republic in blood ; but Mexico has not had, nor will there ever be found, traitors 
who will join the ranks of the enemies of the country. 

By a decree congress, before closing its session, has authorized the executive 
in the most ample manner to dictate all measures that it may deem necessary, 
under the present circumstances, to confront the situation, saving only the 
national independence and integrity of territory, and the principles of the con- 
stitution and of the reform. 

By this the greatest proof of confidence which a legislative assembly of the 
country has ever given to the depository of the executive power, the congress 
confides to this power the salvation of the republic, because it is convinced that 
in moments so supreme, energy and efficiency depend almost always upon unity 
of action ; and this idea is found also in our fundamental code, in the part which 
authorizes congress to concede to the executive extraordinary faculties. 

Incalculable is the weight which will rest wpon the shoulders of the executive ; 
terrible is the responsibility Avhich, from this day forward, he is about to assume 
upon himself alone ; but, also, immense are the resources Avhich are placed at 
his disposal, and unlimited the facilities which have been given to him. 

The sole consideration of the necessity of saving the country decided congress 
to take this step. Upon the executive it uoav depends, and upon no other, to 
save the republic, or precipitate it in the abyss. 

The national assembly suspends to-day its legislative labors ; but it will re- 
main always on the watch, as the sentinel of the public liberties, and ready to 
return to meet again at the moment when its presence shall be in any manner 
necessary for the good of the country. It will then receive from the executive 
an account of this power Avhich to-day it delivers into its hands Avith so blind a 
confidence. 

If the foreign question is not settled pacifically ; if a scene of Avar is to be 
spread out o\'er our country Ave Avill enter into the combat, and the justice of 
our cause and the loAo of our country Avill present more or less near, but ahvays 
true and beautiful, a future for Mexico. God preserve the republic, 

WASHl.\GTt)\, January 24, 1SG2. 

True copy. 

ROMERO 



THE PRESENT CONDITION OF MEilCO. 173 



Mr. Romero to Mr. Setvard. 

Mexican Legation in the United States of America, 

IVaskifigtmi, February 16, 1862. 

Mr. Secretarv: Recently I have received three important documents which 
confirm the fears which I have made known to you through various notes and 
in various interviews with respect to the real designs of the powers who signed 
the treaty of London. 

The first of these documents contains the instructions which the minister of 
foreign affairs of France gave to Rear Admiral Jurien de la Graviere, on the 
11th of November last, a short time prior to the departure of the French con- 
tingent for the Mexican waters, and which have been recently published among 
the documents transmitted to the legislative body by the government of the 
Emperor. In these instructions, which were written almost at the same time 
that the treaty of London was being ratified in Paris, tlie latter was found to be 
insufficient ; and in order to remedy this defect, express authority is granted to 
the commander of the French forces, when the coasts of Mexico shall have 
been occupied, to penetrate into the interior of the country and proceed to the 
capital of the republic. Mr. de Thoixvenel furthermore takes upon himself to 
examine a hypothesis which presents itself to his foresight. "It may happen," 
he says, " that the presence of the allied forces upon the territory of Mexico 
may determine the sane portion of the people who is tired of the anarchy, anx- 
ious for order and repose, to make an effort to constitute in the country a gov- 
ernment which may present the guarantees of strength and stability which have 
been wanting to all those which have succeeded each other in it since its inde- 
pendence." 

Mr. de Thouvenel speaks of the interest which the allies have in carrying 
out the change which he has had the shrewdness to foresee, and continues by 
saying : " This interest must induce them not to discourage the attempts of the 
nature which have just been indicated, and you (Rear Admiral de la (rraviere) 
should not refuse them your encouragement and your moral support, if, from the 
standing of the men who should initiate them, and from the sympathy they 
should meet with among the mass of the people, they should offer chances of 
success for the establishment of a state of affairs of such a nature as to insure 
to the interests of foreign residents the protection and the guarantees of which 
they have been deprived up to this time." These instructions are so explicit 
that it is entirely useless to add a single word more to an-ive at the pxirpose 
with which they have been dictated, and the end to which they tend. Can 
there be conceived a more direct appeal to rebellion ? 

The second document is a proclamation which Rear Admiral de la Graviere, is- 
sued in compliance with said instructions, on the 23d of November last, at the bay 
of Teneriffe, and the third a manifesto signed at Vera Cruz on the lOtli of January 
last past by the plenipotentiaries of the allied powers and the chiefs of the naval 
forces. In the latter we are assured that the allies have gone to that countiy 
in order to assist the Mexican people to estahUsli a good government, and in the 
former enough is said to learn the wishes of Finance with regai'd to the said 
republic. 

I have the honor to transmit you a copy of each of the documents referred to in 
this note, in case they should not previously, through ■ another channel, have 
come to the knowledge of the government of the United States. 

I avail myself with pleasure of this opportunity to renew to you, sir, the as- 
surances of my very distinguished consideration. 

M. ROMERO. 



174 THE PEESENT CONDITION OF MEXICO, 

Mr. Tliouvcncl to Rear Admiral la Graviere. 

[Transiliition ] 

Paris, November 11, 1861. 

Admiral: The Emperor having called you to the command of the military- 
forces which will be employed in obtaining from Mexico reparation for all our 
grievances, I have to make known to you in Avhat manner you will haA'e to act 
to fulfil his instructions. 

The expedition which you are charged to direct has for its object to compel 
Mexico to perform obligations already solemnly entered into, and tx) give us- 
guarantees of protection more efficacious for the persons and property of our- 
citizens. The circumstances which have led us to resort to measures of coercion, 
to attain this double object, imposed at the same time upon Great Britain and. 
Spain to seek, through the use of rigorous measures, the satisfaction whichi 
grievances similar to our own demanded. It was natural that in this situation, 
the three governments should think of combining their action against Mexico;; 
and the understanding which Avas readily established between them upon this 
subject has resulted in the conclusion of a convention, signed at London on the- 
31st of October, and of which I have the honor to communicate to you the text 
herewith, in order that you may be guided in your conduct by the spirit of it&; 
several provisions. The three governments pledge themselves, as you will see,, 
to prosecute in common and to the same ends the operations which it may be- 
expedient to carry into effect. You will, therefore, have to concert them witlt 
the commanders-in-chief of the forces which Great Britain and Spain intend shall 
take part in them. It is from the co-operation of these several forces united, 
that the three powers expect the result which they have deemed indispensable: 
to prosecute in common. They have, moreover, provided for, without deferring- 
on that account to act immediately, the eventual co-operation of the Unitedi 
States, to whom information of the convention of London will be given, with an 
invitation to accede thereto. It belongs to the secretary of the navy to furnishi 
you with the military instructions which his department is alone competent to 
address to you; I shall confine myself to saying to you that the intention o£ 
the allied powers is, as indicated by the convention of the 31st of October, that 
the combined forces proceed to the immediate occupation of the ports situated 
upon the Gulf of Mexico, after having simply summoned the local authorities 
to make surrender thereof to them. The ports are to remain in their hauds^ 
until the complete settlement of the difficulties to be solved, and the collection 
of custom dues will there be made in the name of the three powers, under the- 
supervisiou of deputies appointed for that purpose. This measure will result 
in guaranteeing to us the payment of the sums and the several indemnities 
which are from this time, or which might subsequently be, carried to the account 
of Mexico as a claim of indemnity for the Avar; the question of the claims, 
which each one of the allied governments will have to present requiring besides- 
a special examination, there will be, by the terms of the convention, instituted 
a commission, to which Avill be specially assigned the duty of deciding with, 
reference thereto, as also that of considering the mode of settlement which will. 
best protect the respective interests. The government of her Britannic Majesty 
having a[ipointed Sir .Charles Wyke, the Queen's minister to ]\rexico, as a mem- 
ber of tliis commission, the government of the Emperor has likewise made 
choice, there to sit in his name, of its representative in ]\Iexico, Mr. Dubois do 
Saligny. The character with which these two agents are clothed, not less than 
the practical knowledge they possess of the affairs of Mexico, naturally ualLs 
them to take part in the negotiations which must jirecede the re-estalilishmcnt of 
regular relations. They will have to consult specially with, aud also the com- 



THE PRESENT CONDITION OF MEXICO. 175 

missioner designated by Spain, the commanders-in-cliief of the allied forces, in 
order to draw up, after taking possession of the ports on the coast, the full state- 
ment of the conditions to Avhich the Mexican government will be required to 
give its assent. In order to enable you to follow up all the negotiations and 
to sign all the acts and conventions to occur, I have the honor to send you here- 
with the full powers, in virtue of which his Majesty ha,s appointed you his 
plenipotentiary, with the same title as Mr. Dubois de Saliguy. It is besides 
well understood that full liberty is assured you as to all that relates to military 
operations, the movements of troops, the occasion and means of occupying such 
or such points of the Mexican territory ; all these c|uestions are specially left to 
your appreciation as Avell as to your initiation, and reserved for your sole 
decision. 

The combined forces of the three powers having arrived upon the eastern 
shores of Mexico, you will have, as I liave said, to demand the surrender into 
your hands of the ports on that coast. As a consequence of this step, two 
alternatives may occur : either resistance will be made to your summons, and 
then you will only have to arrange without delay with the allied commanders 
for the seizure by main force of these ports, or else the local authorities will 
decline to offer you a material resistance, but the Mexican government Avill 
refuse to enter into relations with you. The last news which have reached me 
from Mexico, and Avhich announced the probable disarmament of the ports of 
Vera Cruz, Avould seem to cause us to foresee that such would in fact be the plan 
adopted by President Juarez. By reviving a tactic already employed by one 
of his predecessors in the war Avith the United States, i he Avould, if necessary, 
retire into the interior of the country. , The allied poAvers could not afford to let 
themselves be kept in check by such an expedient; neither could they continue 
to occupy indefinitely points of the coast if this occupation Avere not to furnish 
them a means of direct and immediate action upon the Mexicaii government. 
The interest of our dignity and considerations derived from the climacteric cir- 
cumstances of the coast unite in demanding a prompt and decisive result. It 
is principally in vicAv of tliis contingency that a body of disembarking troops is 
placed at your disposal, Avhich, joined to the other military contingents, Avill 
give to the allies the means of extending the circle of their action. The govern- 
ment of the Emperor admits that, either to reach the Mexican government or to 
make more effectual the coercion upon it by the taking possession of its ports, 
yoi; may find yourself under the necessity of combining a march into the 
interior of the country, which Avould lead, if necessary, the allied forces to the 
City of Mexico itself. I need scarcely add that another reason might determine 
you to do so ; this Avould be the necessity of providing for the security of our 
citizens in case it should be threatened at any point Avhatever of the Mexican 
territory Avhich could reasonably be reached. 

The allied poAvers do not propose to themselves, I have said to you, any other 
object than that Avhich is indicated in the con\-ention ; they forbid each other 
from intervening in the internal affairs of the country, and especially from exer- 
cising an}- pressure upon the Avishes of the people as to the choice of their 
government. There are, hoAvever, certain hypotheses Avhich present themseh-es 
to our foresight, and Avhich it Avas our duty to examine. It might happen that 
the presence of the allied forces upon the soil of Mexico might induce the sane 
portion of the people, tired of anarchy, anxious for order and repose, to attempt 
an effort to constitute in the country a government presenting the guarantees of 
strength and stability Avhich have been Avanting to all those Avhich have 
succeeded each other since the emancipation. The aUied powers have a common 
interest and too manifest to see Mexico emerge from the state of social dissolu- 
tion in which it is plunged, which paralyzes every development of its prosperity, 
sets aside for itself and for the rest of the Avorld all the riches Avith Avhich Provi- 
dence has endowed a favored soil, and compels them to resort periodically to 



176 THE PRESENT CONDITION OF MEXICO. 

expeni?ive expeditions to remind epliemeral and senseless powers of tlie duties 
of governments. This interest must induce them not to discourage the attempts 
of the nature of those which I have just indicated to you, and you should not 
refuse them your encouragements and your moral support if, from the standing 
of the men who should initiate them, and from the sympathy they should meet 
with among the mass of the people, they should offer chances of success for 
the establishment of a state of affairs of such a nature as to insure to the interests 
of the foreign residents the protection and the guarantees of which they have 
been deprived up to this time. The government of the Emperor relies upon 
your prudence and yoxir judgment to appreciate, in conjunction with the com- 
missioner of his Majesty, whose knowledge accjun-ed by his residence in Mexico 
will be valuable to you, the events which may develop themselves under your 
eyes, and to determine the extent to which you may be called upon to take part 
therein. 

THOUVENEL. 



Rear Admiral la Graviere to liis forces 

[Tianslatiijn ] 

On board the Massina, 
Teneriffe Bay, November 23, 1861. 

Seamen a\d Soldiers : We are going to Mexico. We have not only to 
seek there — as the gallant squadron of which many among you formed a part — 
the reparation of numerous and recent grievances ; we shall have above all to 
demand, for the honor of our flag, for the security of our commerce, for the 
existence of our fellow-countrymen, guarantees more positive than those which 
are offered to us to-day. 

We bear no animosity against the Mexican people. We know what we 
should expect from that noble and generous race, if it could put an end to its 
everlasting dissensions ; but governments powerless to maintain internal peace 
Avill ever badly protect, whatever may be their flag, the security of foreigners. 
Our real enemy in Mexico is not this or that political faction — it is anarchy; 
anarchy is an enemy with which it is useless to treat. 

Seamen and soldiers : In the new campaign which you are to undertake, you 
have as witness to your good right the sympathetic opinion of your country, 
the co-operation or the assent of the civilized world ; you will soon have, in 
Mexico itself, the wishes of all good men. 

Understand, therefore, the duties which this situation imposes upon you. 
Give to the people the example of order and discipline ; teach them to honor the 
name of our glorious country, to envy the prosperity and the peace which we 
enjoy, and you may then repeat with just pride the words which were addressed 
to you some months since by our Emperor: " Wheresoever the flag'of France 
shows itself, a just cause precedes it, a great people folloAvs it." 

JUIJIEN DE LA GRAVIERE, 
Rear Admiral, commanding the French expeditionary forces 

in the Gulf of Mexico. 



THE PRESENT CONDITION OF MEXICO 177 



Proclamation of the allies to the Mcxica?is. 

Vera Cruz, January 10, 1862. 

Mexicans : The representatives of England, France, and Spain fulfil a 
sacred duty in giving you to understand their intentions from tlie moment that 
they trod the ground of your republic. The fliith of the treaties broken by the 
various governments which have succeeded each other among you, and the indi- 
vidual security of our citizens, continually menaced, have made necessary and 
indispensable this expedition. 

They deceive you who would make you believe that behind our pretensions, 
as just as they are legitimate, come enveloped plans of conq^uest and restorations, 
aud of interfering iu your politics and government. 

Three nations who accepted in good taitli and acknowledged your independ- 
ence have the right to expect you to believe them animated by no cowardly 
intentions, but rather by others more noble, elevated, and generous. 

The three nations that we come representing, and whose first interest appears 
to be satisfaction of grievances inflicted upon them, have a higher interest, aud 
one of more general and beneficial consequences ; they come to extend the hand 
of friendship to a people to whom Providence has been prodigal of all its gifts, 
and which they behold with grief wasting its forces and extinguishing its vitality 
through the violent potver of civil wars and of perpetual convulsions. 

This is the truth, aud those charged with the expression of it do it not with 
the voice of war and threats, but that you yourselves shall work out your own 
good fortune, in which Ave are all concerned. 

To you, exclusively to you, without intervention of foreigners, belongs the 
task of constituting yourselves in a permanent and stable manner. Tour labor 
will be the labor of regeneration, which all will respect, for all will have con- 
tributed to it, some Mdth their opinions, others with enlightenment, and all and 
every one with their conscience. The evil is great, the remedy urgent. Now 
or never can you make your prosperity, Mexicans ! listen to the voice of the 
allied powers, anchor of salvation in the destroying tempest through M^hich you 
are rushing. Deliver yourselves up to their good faith and righteous intentions. 
Fear nothing from restless and turbulent spirits, which, should they show them- 
selves, would be cowed by your firm and decided attitude. Meanwhile we 
shall preside over impassibly the glorious spectacle of your regeneration, guaran- 
teed through order and liberty. 

So will it be understood, we are sure, by the supreme government, to which 
we address ourselves ; so Avill it be understood by the enlightened of the 
country, to Avhom we speak ; and, as good patriots, you will all agree to the 
laying down of your arms and that reason alone shall be put forward, which is 
the power that ought to triumph in this the nineteenth centurv- 

CHARLES LENNOX WYKE. 
HUGH DUNLOF. , 

E. JURIEN DE LA GRAVIERE. 
DUBOIS DE SALICNY. 
EL CONDE DE RENS. 



H. Ex. Doc. 100 12 



178 THE PEESEXT CONDITION OF MEXICO. 

Mr. Romero to Mr. Seward. 

[Translation ] 
MEXICAN LEGATION IN THE UNITED STATES OF AI\IERICA. 

Washington, April 10, 1862. 

Mr. Secretary : I have the honor to enclose to yoii, for the information of 
the government of the United States, a copy of a note addressed by Sefior La 
Tuente, Mexican minister at Paris, to Monsieur de Thonvenel, under date of 
the 7th of March List, withdrawing the Mexican legation from Paris, asking his 
passports to leave France, and formally protesting, on behalf of the government 
of Mexico, against the conduct pursued by the French government in regard to 
that republic. 

This opportunity is very agreeable to me to renew to you, sir, the assurances 
of my distinguished consideration. 

M. EOMEHO. 

Hon. William H, Seward, ^-c, S^-c, S^c. 



Paris, March 7, 1862. 

Monsieur Le Ministre : It is not till after a long delay, and in consequence 
of the obstacles which the direct correspondence of this legation with the Mexi- 
can government has met with, that I have received the instructions sought by 
me of the President on the subject of my rule of conduct towards the govern- 
ment of the Emperor. His excellency has not only approved of the act 
whei'eby I suspended diplomatic relations with the French government — rela- 
tions which itself had rendered impracticable — but has even acknowledged the 
justice of my observations on the dishonor which would have accrued to the 
republic in maintaining in this coimtry a legation compelled to listen in silence 
to insults the most ati'ocious and declarations the most humiliating to the gov- 
ernment and people of Mexico ; a legation which could effect nothing towards 
restoring the good understanding which had been entirely destroyed, when peace 
became impossible by the resolution formed to overthrow republican institu- 
tions in M(!xicQ, and substitute in their stead a monarchy for the benefit of a 
foreign prince. Such a design was fully apparent before it had been confirmed 
by the official documents recently published in Paris and London. On becom- 
ing convinced of the truth of this rumor I should have at once have had the 
honor of demanding my passports of your excellency had I not been restrained 
from doing so by the laudable hope that my government still cherished of being 
able to effect a convention a\ ith Mr. de Saligny, and later by the proclamation 
issued by his excellency the president in consequence of the iniquitous invasion 
of the territory of the republic made by the Spaniards, in violatio)i of all the 
rules of the law of nations. By this public .act his excellency offered to accede 
to all reasonable propositions made by the aggressors, while he bound himself 
to resist by all possible means such as were unjust or humiliating to the repub- 
lic. This policy proved to me that, even to the last, my government left the 
Avay open to negotiations. It was not for me to close it by any act of mine. 

But the rule of my official conduct is now fixed, and, in conformity witli the 
express orders of my government, I hereby declare to your excellency that I 
break u]i the ]\rexican legation in France, and the protection of the natives of 
^lexico is confided to the good oflices of his excellency IVIr. Galvez, minister of 
Peru at the court of the Emperor of the French. I sliall, therefore, be oblig(>d 
to you, Monsieur le Ministre, to furnish me with jjassports to quit France for 



THE PRESENT CONDITION OF MEXICO. 179 

myself, my second secretary, Mr. Marcelino Orozco, and the members of my 
family. 

Prom respect to justice and the dignity of my government I have to make a 
few remarks concerning this determination, Avhich has been so long justified that 
it may appear rather tardy than precipitated. 

France has deemed it right to employ force against Mexico. From this time 
diplomacy has nothing to do with this question. 

Nevertheless, if it be demanded what was the cause of the commencement of 
hostilities, it may be i-eplied that the motives openly enunciated are neither the 
just nor the true ones, and that beyond them must be sought the prime mover 
of this rupture. 

From the beginning M. de Saligny assigned as a motive for breaking off rela- 
tions with the Mexican government the law which decided to suspend for two. 
years the payment of the foreign debt. But the Mexican government did not 
deny its obligations ; it only postponed the fulfilment of them under the pres- 
sure of an imperious necessity, acknowledged by all, even by M. de Saligny, as 
is proved by his despatches addressed to your excellency. It did not have re- 
source to the suspension of payments till all the sources, ordinary and extraor-- 
dinary, of the public wealth were utterly exhausted ; a fact which is also clear- 
from the above despatches. It did not come, in short, to this hard extremity 
till after it had offered to its foreign creditors an arrangement Avhich these last 
deemed satisfactory, and which was not carried into effect for the sole reason, 
that obstacles were interposed by M. de Saligny in the name of the Freuchj 
creditors ; a fact which shows that he was resolved at all hazards to keep in his 
own hands the power of breaking with the ]\Iexicau govenunent. 

The abrogation of this law was the sole condition imposed by M. de Saligny 
for resuming diplomatic relations with the gOA^ernment of the republic. It was,, 
then, necessary to proceed to such extremes, and to exercise such rigor in treat- 
ing with a nation ruined by civil war? What mighty interest Avould France 
have in the payment by instalments of less than two hundred thousand dollars, 
the amount of her acknowledged debt? Is it thus that she has acted towards 
other nations who are very far from finding themselves in a situation so deplo- 
rable as that of Mexico ? And would it not have been preferable, more in con- 
formity with the principles of justice and equity, to allow a little breathing to 
a friendly power engaged in the work of its social regeneration, and in the ex- 
termination of brigandage, a work of profound interest alike to natives and for- 
eigners ? For what purpose could it be judged right to rekindle the flame of 
the civil war, disastrous to the commerce and interests of French subjects in 
Mexico, with the view of overthrowing the government, and raining its praise- 
worthy undertakings'? Such animosity, from pecuniary motives, against an 
exhausted nation, has in it something so excessive, so unusual, that one must 
imagine other reasons in order to justify the expedition. If any credit is to be 
attached to recent ofiicial reports, what was due to French subjects, and of 
which the payment was reserved by the law of suspension, originated in the 
reparation of injuries committed against their persons and interests. 

But no one knows better than yoixr excellency, M. le Ministre, that our debt 
to France has been paid by the government of M. Juarez, even when France 
was acknowledging M. Miramon as president of Mexico, (a situation, perhaps,, 
unique in history, where the title and honor of the country are according to one 
party, while its expenses are charged on another.) You know that in the midst 
of a civil war kindled by the government acknowledged by France, the consti- 
tutional president, M. Juarez, (the head of the unacknowledged government,) 
has paid the French debt with a punctuality; that even this payment Avas so 
advanced that there wanted not more than about two hundred thousand dollars 
to cancel the debt, and that, consequently, the constitutional government deserved 
some little commendation when, yielding to an insurmountable and evident ne- 



180 THE PEESENT CONDITION OF MEXICO. 

cessity, it suspended payment for a time. And even if there were some griev- 
ances at the bottom of this debt in favor of France, it woiikl still be undeniable, 
from the considerations above enumerated, that this suspension was no reason 
for pushing- tilings to such extremities. -But let me be allowed, also, to repre- 
sent to you, M. le Ministre, that the debt in question, comprising, according to 
conventions and posterior declarations, every kind of responsibility, even affairs 
of agiotage, it was neither loyal nor just to assign as a sole source of its iniqui- 
ties and injuries. 

May I be permitted, M. le Ministre, to express my astonishment at learning 
from you that the government of the Emperor has millions to claim from that of 
Mexico. But under what title ? On what proofs ? Xo one knows of them. 
No discussion can take place on this subject from Avant of precise data, and yet 
the war begins. My government denies having contracted with M. de Saligny, 
the verbal engagement of which that minister speaks, on account of the forty 
thousand dollars of the convention Penatid; and this is not the first time that 
contradictions have arisen in the relations of M. de Saligny with the Mexican 
government. I should wish to suppose that M. de Saligny's prejudice against 
that government are not to be taken mto account, and have already had the 
honor of pointing out to your excellency those prejudices which, if they show 
themselves so strongly in his correspondence with you, are brotight into still 
bolder relief in his correspondence Avith the Mexican government. I am bound 
to suppose that his assertions are deemed by you Avorthy of credit, as are those 
of my goA^ernmeut by me ; but it resiilts from them that Mexico can no longer 
cultivate friendly relations Avith this minister, seeing that these are no longer 
possible Avhen one of the tAvo parties has brought against the other a charge of 
falsehood. In such a case, yoiir excellency must know, the sim})le consideration 
due to the gOA-ernment of a friendly poAver demands the rcmoA^al of the 
minister. 

xSeA'ertheless, it is true that when it is desired to put an end to all friendly 
relations, and by a rupture and Avar, peaceful considerations are out of season. 
In these documents other motiA'es are assigned for this Avar, based on the in- 
security of French subjects residing in Jlexico, and M. de Saligny has forwarded 
a list of twenty-three outrages committed on their persons and property during 
a space of about nine months. 

One Avord on the subject of this list. The greater part of the crimes pointed 
out can only be imputed to reactionary bands, against Avhom the government are 
actiA^ely engaged in Avar. In the relation of these excesses, there is clearly 
Avanthig one essential foct, the detail of the circtimstances, Avhich might entirely 
alter the ca^e. It is not knoAvn from Avhat sources the minister deriA-es his in- 
foimation, a fact not Avithout importance in a question of acts committed at such 
great distances. There is not the slightest proof, the A-aguest indications that 
the Mexican goA-ernnient has been required to afford satisfaction in cases Avherc 
it Avas due, according to the laAv of nations, and it is not even pretended that it 
has CA'cr refused it. There is nothing to authorize such a supposition, Avliile the 
government has CA'cr shown its disposition to do Avhat is right in claims of this 
nature. 

In a difference so deplorable I Avill never Aveary in invoking the ])rinciples 
and usages which guide the international relations of all nations Avith regard to 
the crimes in (piestion, although I may, perhaps, perceive that these usages have 
been cast aside in the case of Mexico. Nevertheless, it is not only a right but 
a duty to protest against the employintnit of force as a substitute for reason and 
justice. These last may sometimes make themselves heard e\'en in the councils 
of governments Avho disregard tlieni. At all events, tliey exalt the character of 
a nation Avhich can recognize and light for them. Thus, then, M. 1(> ^linistre, 
such rides and such usages being admitted, it is clear that in using its best ex- 
ertions, as the Mexican goA-eniment is doing to prevent and punish such crimes, 



THE PRESENT CONDITION OF MEXICO. 181 

no government incurs tlie responsibility of them or loses in reputation by them, 
nor can the Aveight of war be cast upon it on account of them. With Avhat 
justice can a government be accused of violating the laws of humanity when 
the nation over which it rules, being distracted by civil Avar, certain misdeeds 
are perpetrated Avithin its tei'ritory against the security of natiA'es and foreigners? 
Assuredly the Italian goA^emment Avas not subjected to such harsh qualifications, 
nor to such hostile proceedings on account of the barbarous and cruel brigandage 
of Naples, sustained by the reactionary foction and combatted by the goA-eru- 
ment, as is the case in Mexico. In France, even, AA'here the nation enjoys pro- 
found peace and where the goA'erament exercises a poAver Avhicli enables it to 
act as it pleases, and Avith all the apropos of the moment, have Ave not just seen 
a long series of crimes brought to light, committed by a single individual for 
eight years % 

Furthermore, Mr. de Saligny's despatches proA-e that the goA'eniment had 
proA'ided Avitli promptitude tor the safety of the inhabitants of the capital, a 
subject Avhich had before giA'en rise to complaints. 

With regard to the attempt on the life of M. de Saligny, AA'hich is made to 
figure among the causes of the Avar, I ha\'e the honor to remind your excellency 
that the judicial inquiry, an account of Avhich I remitted to you, fully explains 
the error into Avhich that minister has fallen, and shoAvs that the fancied cries of 
" death " Avere in reality acclamations in faA'or of France, and in reprobation of 
assassins of foreigners. The groups Avlunice these cries issued AverC composed 
of Mexicans and Frenchmen reciprocating friendly sentiments. Who could 
ever haAX imagined that from all this would haA-e arisen accusations and motiA^es 
of Avar % 

Really, M. le Ministre, AA'lien I call to mind the calumnies, as atrocious as 
absurd, that many journals in France, in England, and in Spain have permitted 
thcmseh'es to put on record against IMexicans, their society, and their government; 
when I sec that in France, even in the high regions of [)OAver, my goA-erimient 
is denounced as unscrupulous, and my countrymen as barbarous; Avhen I find 
the good Avill and friendly cries of the latter toAvards France used against them 
in the bill of indictment, I cannot but entertain a conviction that national an- 
tipathies are to be found rather in Europe than among the inhabitants of Mexico. 

I haA^e tAvo obserA'^ations to make on the subject of this pretended attempt at 
assassination. From your despatches already published, it appears that you 
attach no credit to the iuA'estigation and the judicial sentence Avhich I had the 
honor to communicate to you. NeA^ertheless, cAidence taken before the tribimals 
is surely the best mode there as elscAvhere, of arriA'ing at the truth, both in cases 
of this nature and of all appertiiining to a criminal jurisdiction. The goA-ern- 
ment could not but abide by the issue, and Avere bound to accept the A'erdict, 
Avliich they haA-e CA'ery reason to belicA'e Avas a true one. 

The second remark I haA-e to make is, that your despatches on this subject 
say: "Under other circumstances we should have demanded also a full inquiry, 
and, in the CA-ent of failure, suitable reparation. In the present state of affairs, 
* * * * we can only add this fact to all those Avhich impose upon us the 
necessity of having recourse to the employment of harsh measures against 
Mexico." So, then, a matter Avhich, according to your OAvn confesgion, deserves 
to be inquired into — a matter, the truth of Avhich remains to be substantiated, 
you do not hesitate to enumerate among the motiA^es of your resentment and 
your hostilities. On this occasion, Mr. le Ministre, I think I giA^e a rare instance 
of moderation by forbearing to comment on these Avords. 

The revolutions of Mexico are cast in the teeth of the government, Why, 
then, be silent about others still more disastrous and bloody ? Was it on account 
of the enormity of the Avrongs which had given rise to them, and the greatness 
of the benefit produced when they Avere suppressed] Now, 1 have the firm 
persuasion that fcAV nations in the world have suffered so large an amoimt of 



182 THE PRESENT CONDITION OF MEXICO. 

evils as the Mexican from foreign domination, and few are the republics that 
haA^e had to snstaiu, like onrs, such cruel combats on the part of the privileged 
classes. With our revolutions we have achieved the national independence; the 
liberty of slaves; the destniction of our clerical military oligarchy, which mul- 
tiplied seditions and menaced incessantly the existence of the republic ; the lib- 
erty of conscience; civil marriage; the amelioration of the civil condition of 
foreigners, Avho have been placed on an equality with Mexicans; civil and po- 
litical liberty; the elevation and fraternization of races which had long been 
kept in a state of abject degradation and even in perpetual antagonism by the 
Spanish government. And, since it is a question of intervention and of import- 
ing into Mexico a foreign monarchy, it is certainly not improper to add that we 
reckon among the benefits derived from our revolutions the establishment of 
republican institutions. Mexico loves them as dearly as France can love her 
empire, and to maintain the republic we have made and are prepared to make 
every kind of sacrifice. 

Anarchy and misgovernment, such are the gratuitous charges brought against 
Mexico, and which serve as a theme for the expedition of the allied poAvers. 
But these recriminations refer rather to the political intervention than to the 
avowed motive of the triple alliance, that is to say, to the demands for repara- 
tion for guarantees, since this reparation and these guarantees might be accepted 
by the Mexican government, and the war would then be without object. But 
this language is clearly used to prevent an arrangement with the Mexican gov- 
ernment. Indeed, Mr. the Admiral Jurien de la Graviere has afiii-med, if I am 
rightly informed, that it is useless to treat with anarchy. Moreover, before all 
things, the Mexican nation has taken upon itself to reply to these charges. The 
war is at an end, leaving at most on the A'ast territory of the republic three or 
four reactionary bands, feeble and incessantly pursued, and not even the shadow 
of that great party is seen which was said to be favorable to intervention and 
the foreign monarchy. The States which were described as disagreeing with 
the government furnish a contingent larger than that which Avas required of 
these; the majority of the rebel chieftains haA-e giA'en in their adhesion to the 
goA'ernment, and are soliciting for the honor of fighting against the iuA'aders of 
their country. Mexico has risen like one man to defend its liberties. 

No, Mr. le Ministre, I repeat, none of the causes assigned either explains or 
justifies the violence of aggression, and CA'en had the law for the suspension of 
payments, which is said to have worn out the patience of France, not been passed, 
Mexico Avould have met with no better treatment at her hands. This is not a 
mere supposition ; it is an incontroA'ertible truth, demonstrated by facts anterior 
and posterior to that laAv. That laAv, indeed, Avas not in existence Avhen ]\[r. de 
Saligny, CA-en before being accredited to the president, permitted himself to 
begin his functions by treating the Mexican nation Avith a contempt of Avhich 
there is no example on record, and personally embarrassing the action of the 
local authorities, under the pretext of protecting the sisters of charity, Avhom 
no one AS'as attacking, Avho are not French, and Avith Avhom the French nation 
has nothing to do. This law did not exist Avhen the same minister thi-eatened 
the goA'ernment and nation Avith certain ruin, if the propositions of Monsieur 
Jecker Avere not adhered to — a stock-jobbing affair concluded betAvcen him and 
the so-called gOA^ernment of Mr. Miramon. 

It Avas then, as I have already stated to your excellency, that ]\Ir. de Saligny 
Avrote to the minister of foreign affairs that knoAving \\v Avas protected by France, 
Mr. Jecker felt that he could attempt anything. This laAv Avas not passed Avhen 
your excellency, in our first intervicAv, informed me that your government had 
come to an understanding Avith that of England to treat ]\[exico with rigtn-; and 
you may remember that you assigned (in explanation of these threats and of the 
agreement entered into by the tAvo states, and of that affair of Jecker, and other 
financial arrangements proposed by Mr. dc Saligny and refused by Mexico) mo- 



THE PRESENT CONDITION OF MEXICO. 183 

fives Avhich assuredly have nothing in common with the law of nations and the 
duties of humanity, which the government of Mexico is accused of violating. 
This law was not then in existence, and your excellency opposed to my regular 
and official reception reasons which you subsequently were not able nor AviUing 
to sustain. 

Since the pronuilgation of this law your excellency has formally refused to 
listen to the explanations that I was desired by my government to offer to that of 
the Emperor, as if the moments consecrated to giving, at least, an appearance of 
justification and love of peace were to France an intolerable sacrifice of time. 
Since the adoption of this law the government of the United States has offered 
to that of the Emperor to pay the interest of the French debt of Mexico, and as 
that debt does not produce any interest and was to be paid by instalments, the 
interest offered by the cabinet of Washington was a reasonable compensation 
for the delays in the payment of that part of the debt due, and a gratuitous 
benefit on what remains to be paid, but the government of the Emperor refused 
the arrangement. 

If this law were indeed the true cause of the rupture and of hostilities, why, 
instead of being suspended by its abrogation, were warlike preparations in- 
creased 1 

Since its abrogation an essential change has taken place in the policy of the 
allied powers against the republic. Wrongs, satisfactions, and guarantees, are 
now secondary considerations, and the real motive is revealed. It is, in fact, a 
question of political intervention in Mexico, having for its object to force upon 
her as king a foreign prince. This revelation explains everything. The French 
government did not desire peace with Mexico. For a long time that govern- 
ment either through its head or by its agents, has not uttered a word, nor 
written a line about the republic, that was not inspired by anger and contempt, 
and this in defiance of reason and decorum. Such is the peace it left to Mexico — 
a miserable peace, and, whatever may be said to the contrary, it is Mexico and 
not France chat has given reiterated proofs of an exemplery patience. The 
sympathies of France have for a long time been reserved for that ephemeral 
government which holds sway in Mexico, which she hastened to acknowledge, 
and supported with efficacy, leaving, as a charge to the present government, the 
liabilities which, even when just, were contracted by its predecessor. But for 
this protection the civil war in Mexico, with all its horrors, would not have 
been thus prolonged. Her sympathies still remain with the partisans of this 
faction in Mexico, as well as with its agents who come to Paris to conspire 
against their country and to press the French government to invade it. 

It is evident, Mr. le Miuistre, that in order to cover the political intervention 
and the importation of a foreign monarchy into Mexico, by means of the com- 
bined expedition, it is pretended that force is not to be employed, but that the 
wishes of the Mexicans are to be consulted and respected. A proclamation has 
also been issued by the allied powers, inviting the Mexicans to proceed at once 
to the work of their political regeneration. But even supposing this deference 
for public opinion to be sincere, who does not see clearly that this manifesto, 
emanating from the combined forces, is already the commencement of a political 
intervention ] What has become of the respect due to the sovereignty and 
independence of nations, with this act calling in question and submitting to the 
ballot a government which Mexico has chosen by the rmiversal suffrage of her 
citizens 1 This illegal summons is not only an intermeddling in the affairs of a 
nation, but a flagrant incitement to rebellion, to which a favor, a support, is 
granted that does not lessen the offence from its being only of a moral character; 
but I do not hesitate to add that from assent and sympathy they must pass to > 
the use of violence, since the march of the expedition on the capital is already 
decided upon, and the ultimatum would thus be of such nature that it could not 
be accepted ; besides as the chiefs of the invading forces might qualify at 



184 THE PRESENT CONDITION OF MEXICO. 

pleasure the national will, it would be they who would impose upon Mexico the 
form and constitution of the goverament. 

"We saw in 1848, the powers allied against France protesting after the inva- 
sion, that they did not interfere in the question of the national government. 
Then also petitions and official deliberations appeared, which seem to be of a 
spontaneous character, in favor of the Bourbons, and the allies seem to yield to 
public opinion; but, your excellency knows better than I, France never suffered 
herself to be deceived by these appearances, and for her the restoration was 
still the act of the foreigner. 

Mexico would as little be persiaaded of the forbearance of the allies in any 
change of her government brought about those in the presence of the manifesta- 
tions of a foreign force. 

It was necessary to suppress history, to disregard proofs innumerable, and 
belie daily relations, to arrive at the conclusion that the government of Mexico 
is an unscrupulous government, and the coinitry " barbarous," and yet this done 
in some of your otKcial documents. It was necessary ; for in what other man- 
ner could the enormous outrage be justified which is about to be committed upon 
us iu open violation of the great principle of non-intervention, which was re- 
garded as one of the most precious conquests of the new law of nations ? This 
law has been "S'iolated by the commencement of hostilities and the occupation of 
A'era Cruz, in the name of the three powers allied against Mexico, without any 
demands having been made on the government, these being reserved for a later 
period. It is not possible that a cause can be just, or wear the semblance of 
justice, when its defenders have recourse to such means. "What is the reason 
of these infractions and these Avrongs perpetrated deliberately and without 
necessity % The weakness of Mexico % But she is not so weak as was Spain 
in the time of Napoleon I. Mexico may be conquered, but she cannot be sub- 
dued, nor will she be conquered without having given proofs of the coiu-age and 
virtues that are denied her. Mexico, after having shaken off the monarchical 
dominion of Spain — a dominion secular and deeply rooted ; Mexico, who would 
not have even her liberator for a king ; Mexico, in short, who has just emerged 
victorious fi'om a servile revolution ajjainst the remnant of an oli^'archv which 
was weighing on her democracy, Avill never accept, at any price, a foreign 
monarchy. This monarchy it will be very difficult to create ; still more difficult 
to maintain. Such an enterprise will be ruinoi;s and terrible for us, but it will 
not be less so for its promoters. Mexico is weak, without doubt, in comparison 
Avith the ])0wers that are invading her soil, but she possesses the consciousness 
of her outraged rights ; the patriotit^m which Avill multiply her efforts, and the 
high convictions that in acquitting herself with honor iu this perilous strnggle, 
it will be given to her to preserve the beautiful continent of Christopher Co- 
lumbus from the cataclysm Avith Avhich it is threatened. 

I protest aloud, Mr. le Ministre, in the name of my gOA'ernment, that all the 
evils that shall ensue from this unjustifiable war, caused either directly or indi- 
rectly by the action of the troops and the agents of France, Avill fall exclusively 
on the responsibility of its goA'ernment. For the rest Mexico has nothing to 
fear, if Providence protects the rights of a people Avho maintain them Avith dignity 
I have the honor, &c., 

DE LA FUENTE. 

To his Excellency ]\Ionsieur DE Thouvenel, 4^., .^r., J^r. 

Washingto.n, April 10, 1862. 

A tnie cojiy. 

ROMERO. 



THE PRESENT CONDITION OF MEXICO. 185 

Mr. Seioard to Mr. Romero. 

9 

Department of State, 

Washington, Ajnil 11, 1862. 

SiK : Having completed my report to tlie President upon the subject of Mex- 
ican aftairs, in compliance with a resolution of the House of llepresentatives for 
information and correspondence, I find, upon examination of the papers, that 
no acknowledgment has been made of your several notes of the 30th September, 
30th October, 23d and 28th November, your confidential note of the 21st 
December, and your subsequent official communications of 24th January and 
16 til February. 

As you were kind enough to place these notes in my hands in person, and to 
make them severally the subject of conversation at different times, it was not 
deemed necessary to make written acknowledgment of their receipt from time to 
time, whilst pending events seemed to promise a continuation of your valuable 
contributions to the history of Mexican complications 

I desire, now, to acknowledge my sense of the importance and interest of the 
documents you have laid before me, and which have greatly elucidated the 
political emban-assraents in which your country has been involved, and in which 
the United States feel so serious a concern ; and I beg to assure you of my 
high sense of the industry, ability, and zeal which you have displayed, not only 
in sustaining the interests of your own government, but also in contributing so 
materially to the intelligent apprehension of those interests by the government 
of the United States. 

I avail myself of this occasion to offer to you a renewed assurance of my high 
consideration. 

WILLIAM H. SEWARD. 

To Senor Dox Matias Romero, dc, (^r., Sfc. 



The Ministers of SjJciin, France, and Great Britain to Mr. Seward. 

[Translation] 

Washington, Noveynher 30, 1861. 
The undersigned, envoys extraordinary and ministers plenipotentiary of their 
Majesties the Queen of Spain, the Emperor of the French, and the Queen of the • 
United Kingdom of Great Britain and of Ireland, have the honor to transmit, 
herewith, to the honorable Secretary of State, the exact words [le texte] of a 
convention concluded at London on the 31st of October, between their respective 
sovereigns, with the view of obtaining through a common action the redress of their 
grievances against the republic of Mexico. As has been stipulated between the 
high contracting parties, the imdersigned have received the order to invite the 
government of the United States to accede to this act ; and in addressing this 
invitation to the honorable Secretary of State, they hasten to inform him that 
they are furnished with the necessary full powers to conclude and to sign, col- 
lectively or separately, with the plenipotentiary designated by the President of 
the Uiiited States, a similar convention. 

Nothing would be more agreeable to the governments of Spain, France, and 
Great Britain than to see that of the United States receive favorably their pro- 
position; and, requesting the honorable Secretary of State to be pleased to make 
known to them the decision of the President, the undersigned have the honor to 
tender to him the assurances of their very high consideration. 

GABRIEL G. TASSARA. 

HENRI MERCIER. 

LYONS. 



186 THE PRESENT CONDITION OF MEXICO. 

[Translation.] , 

Legation of Spain at Washington. 
Her Majesty the Queen of Spain, his Majesty the Emperor of the French, and 
her Majesty the Queen of Great Britain and Irehxnd, beinj^ pLnced by the arbi- 
trary and vexatious conduct of the authorities of the repubHc of Mexico under 
the necessity of exacting from those authorities a more efficient protection for 
the persons and property of their subjects, as Avell as the performance of the 
obhgations contracted towards them by the republic of Mexico, have arranged 
to conckide a convention between each other for the purpose of combining their 
common action, and, to this effect, tliey liave appointed as tlieir plenipotentiaries, 
to wit: her Majesty the Queen of Spain, his excellency Mr. Don Xavier de 
Isturiz, (here follow his titles;) his M;ijesty the Emperor, his excellency the 
Count Flahant, (here his titles;) and her Majesty the Queen of Great Britain and 
of Ireland, the very honorable John Earl Russell, (his titles follow;) who, after 
having exchanged their powers, have agreed to adopt the following articles : 

Article 1. 

Her Majesty the Queen of Spain, his Majesty the Emperor of the French, and 
her Majesty the Queen of Great Britain and of Ireland, bind themselves to make, 
immediately after the signing of the present convention, the necessary arrange- 
ments to send to the shores of Mexico, land and sea forces combined, the effective 
number of which shall be determined in a further exchange of communications 
between their governments, but the total of which must be sufficient to enable 
them to seize and occupy the various fortresses and military positions on the 
Mexican sea-coast. 

The commanders of the allied forces shall be, moreover, authorized to accom- 
plish such other operations as may on the spot be deemed most suitable for 
realizing the end specified in the preamble of the present convention, and 
especially for insuring the security of foreign residents. 

All the measures which ai'e referred to in this article shall be taken in the 
name and on account of the high contracting parties, without distinction of 
particular nationality of the forces employed in executing them. 

Article 2. 

The high contracting parties bind themselves not to seek for themselves, in 
the employment of the coei-cive measures foreseen by the present convention, 
any acquisition of territory, or any peculiar advantage, and not to exercise in 
the subsequent affairs of ]\Iexico any influence of a character to impair the 
right of the Mexican nation to choose and freely to constitute the form of its 
own government. 

Article 3, 

A commission composed of three commissionei's, one appointed by each of the 
contracting powers, shall be established with full power to determine all questions 
which may arise from the employment and distribution of the sums of money 
which shall be recovei'ed from Mexico, having regard to the respective rights of 
the contracting parties. 

Article 4. 

The high contracting parties desiring, moreover, that the measures which it 
is their intention to adopt may not have an exclusive character, and knowing 



THE PRESENT CONDITION OF MEXICO 187 

that the government of the United States has on its part claims to enforce, like 
themselves, against the Mexican republic, agree that immediately after the 
signing of the present convention, a copy of it shall be communicated to the 
government of the United States, that that government shall be invited to accede 
to it, and that, in anticipation of such accession, their respective ministers at 
Washington shall be immediately furnished with full powers to conclude and to 
sign, collectively or separately, with the plenipotentiary designated by the 
President of the United States, a similar convention, with the exception of the 
suppression of the present article, to those which they sign on this date. Bixt, 
as the high contracting parties would expose themselves, in making any delay 
in carrying into effect articles one and two of the present convention, to foil in 
the end which they wish to attain, they have agi-eed to not defer, with a view of 
obtaining the accession of the government of the United States, the commence- 
ment of the above-mentioned operations beyond the period at which their 
combined forces may be united in the vicinity of Vera Cruz. 

Article 5. 

The present convention shall be ratified, and the ratifications thereof shall be 
exchanged, at London, within the tciTU of fifteen days. 

In testimony whereof, the respective plenipotentiaries have signed it and have 
affixed to it the seal of their arms. 

Done at London, in triple original, on the thirty-first day of the month of 
October, in the year of our Lord one thousund eight hundred and sixty-one. 

[The seals and signatures of the three plenipotentiaries follow.] 



3Ir. Seward to Mr. Tassara, Mr. Mercicr, and Lord Lyons. 

DepartiMBNT of State, 
Washington, December 4, 1861. 

The undersigned, Secretary of State of the United States, has the honor to 
acknowledge the receipt of a note which was addressed to him on the 30th day 
of November last, by Mr. Gabriel G. y Tassara, minister plenipotentiary of her 
Majesty the Queen of Spain; Mr. Henri Mercier, minister plenipotentiary of his 
Majesty the Emperor of the French; and the Lord Lyons, minister plenipoten- 
tiary of her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland. 

With that paper, the aforesaid ministers have submitted the text of a conven- 
tion which was concluded at London on the 31st of October last, between the 
sovereigns before-named, with a view of obtaining, through a common action, the 
redress of their grievances against the republic of Mexico. 

In the preamble the high contracting parties say that they have been placed 
by the arbitrary and vexatious conduct of the authorities of the republic of 
Mexico under a necessity for exacting from those authorities a more effective 
protection for the persons and properties of their subjects, as well as the execu- 
tion of obligations contracted Avith them by the republic of Mexico, and have 
agreed to conclude a convention between themselves for the purpose of combin- 
ing their common action in the case. 

In the first article the high contracting parties bind themselves to make, 
immediately after the signing of the convention, the necessary arrangements to 
send to the shores of Mexico land and sea forces combined, the effective number 
of which shall be determined in a further exchange of communications between 
their governments, but the total of which must be sufiicient to enable them to 



188 THE PEESENT CONDITION OF MEXICO. 

seize and occupy the various fortresses and military positions of the Mexican 
sea-coasts ; also that the commanders of the allied forces shall be authorized to 
accomplish such other operations as may, on the spot, be deemed most suitable 
for realizing the end specified in the preamble, and especially for insuring the 
safety of foreign residents; and that all the measures -which are thus to be 
carried into effect shall be taken in the name and on accoinit of the high con- 
tracting parties without distinction of the particular nationality of the forces 
employed in executing them. 

In the second article, the high contracting parties bind themselves not to seek 
for themselves, in the employment of the coercive measiires foreseen by the 
present convention, any acquisition of territory, or any peculiar advantage, and 
not to exercise in the subsequent affiiirs of Mexico any influence of a character 
to impair the right of the Mexican nation to choose and freely to constitute the 
form of its OAvn goveiiiment. 

In the third article, the high contracting parties agree that a commission com- 
posed of three commissioners, one appointed by each of the contracting powers, 
should be established, with full power to determine all questions which 
may arise for the employment and distribution of the siims of money which 
shall be recovered from Mexico, having regard to the respective rights of the 
contracting parties. 

In the fourth article, the high contracting parties expressing the desire that 
the measures which it is their intention to adopt, may not have an exclusive 
character, and recognizing the fact that the government of the United States, 
like themselves, has claims of its own to enforce against the Mexican republic, 
agree that, immediately after the signing of the present convention, a copy of it 
shall be communicated to the government of the United States, and that this 
gOA'ernment shall be invited to accede to it, and that in anticipation of siich ac- 
cession, their respective ministers at Washington shall be furnished with full 
powers to conclude and sign, collectively or severally, with a plenipotentiary of 
the United States, to be designated by the President, such an instrument. 

But as the high contracting parties Avould expose themselves in making any 
delay in carrying into effect articles one and two of the convention to failure in 
the end which they wish to attain, they have agreed to not defer, with a view 
to obtaining the accession of the United States, the commencement of the stip- 
ulated operations beyond the period at which their combined foi'ces may be 
united in the vicinity of Vera Cruz. 

The plenipotentiaries, in their note to the undersigned, iuA'ite the United 
States to accede to the convention. The undersigned, having submitted the sub- 
ject to the President, will proceed to communicate his views thereon. 

First. As the undersigned has heretofore had the honor to inform each of 
the plenipotentiaries now addressed, the President does not feel himself at lib- 
erty to question, and he does not question, that the sovereigns represented have 
undoubted right to decide for themselves the fact whether they have sustained 
grievances, and to resort to war against Mexico for the redress thereof, and have 
a right also to levy the war severally or jointly. 

Secondhj. The United States have a deep interest which, however, they are 
happy to believe is an interest held by them in common with the high contract- 
ing powers and with all other civilized states, that neither the sovereigns by 
whom the convention has been concluded shall seek or obtain any acquisition of 
ten-itory or any advantage ))eculiar to itself, and not e([ually left open to the United 
States and every other civilized state, within the tcrritiuies of ]\[exico, and es- 
pecially that neither one nor all of the contracting parties shall, as a result or 
consequence of the hostilities to be inaugurated under convention, exercise in the 
8ubse(|U('nt affairs of 3[exico any influence of a character to impair the right of 
the ^Mexican people to choose and freely to constitute the fonn of its own gov- 
ernment. 

The undersiffned renews on this occasion the acknowledgment heretofore 



THE PRESENT CONDITION OF MEXICO. 189 

given, tbat each of the high contracting parties had informed the United States 
substantially, that they recognized this interest, and he is authorized to express 
the satisfaction of the President with the terms in which that recognition is 
clearly embodied in the treaty itself. 

It is true, as the high contracting parties assume, that the United States have, on 
their part, claims to urge against Mexico. Upon due consideration, however, 
the President is of opinion that it would be inexpedient to seek satisfaction of 
their claims at this time through an act of accession to the convention. Among 
the reasons for this decision which the undersigned is authorized to assign, are, 
first, that the United States, so far as it is practicable, prefer to adhere to a tra- 
ditional policy recommended to them by the father of their country and confirmed 
by a happy experience, which forbids them from making alliances with foreign 
nations ; second, Mexico being a neighbor of the United States on this conti- 
nent, and possessing a system of government similar to our OAvn in many of its 
important features, the United States habitually cherish a decided good will 
towards that republic, and a lively interest in its security, prosperity, and welfare. 
Animated by these sentiments, the United States do not feel inclined to resort 
to forcible remedies for their claims at the present moment, when the govern- 
ment of Mexico is deeply disturbed by factions within, and war with foreign na- 
tions. And, of course, the same sentiments render them still more disinclined to 
allied war against Mexico, than to war to be urged against her by themselves 
alone. 

The undersigned is further authorized to state to the plenipotentiaries, for the 
infoi-mation of the sovereigns of Spain, France, and Great Britain, that the 
United States are so earnestly anxious for the safety and welfare of the republic 
of Mexico, that they have already empowered their minister residing there to 
enter into a treaty with the ]Mexican republic, conceding to it some material aid 
and advantages which it is hoped may enable that republic to satisfy the just 
claims and demands of the said sovereigns, and so avert the Avar which these 
sovereigns have agreed among each other to levy against Mexico. The sover- 
eigns need not be informed that this proposal to Mexico has been made, not in 
hostility to them, but with a knowledge of the proceeding formally communicated 
to them, and with the hope that they might find, through the increased ability 
of Mexico to result from the treaty, and her willingness to treat with them upon 
just terms, a mode of averting the hostilities which it is the object of the con- 
vention now under consideration to inaugurate. What has thus far been done 
by the American minister at Mexico, under those instructions, has not yet be- 
come known to this government, and the information is looked for with deep 
interest. 

Should these negotiations offer any sufiicient grounds on which to justify a 
proposition to the high contracting parties in behalf of Mexico, the undersigned 
will hasten to submit such a proposition to those powers. But it is to be under- 
stood, first, that Mexico shall have acceded to such a treaty ; and secondly, that 
it shall be acceptable to the President and Senate of the United States. 

In the meantime the high contracting parties are informed that the President 
deems it his duty to provide that a naval force should remain in the Gulf of 
Mexico, sufiicient to look after the interests of American citizens in Mexico, during 
the conflict which may arise betAveen the high contracting parties and that repub- 
lic ; and that the American minister residing ui Mexico be authorized to seek such 
conference in Mexico with the belligerent parties, as may guard each of them 
against inadvertent injury to the just rights of the United States, if any such 
should be endangered. 

The undersigned having thus submitted all the views and sentiments of this 
government on this important subject to the high contracting parties, in a spirit 
of peace and friendship, not only towards Mexico, but towards the high contract- 
ing parties 'themselves, feels assured that there will be nothing in the watchful- 



190 THE PRESENT CONDITION OF MEXI'JO. 

ness which it is thus proposed to exercise, that can afford any cause for anxiety 
to any of the parties in question. 

The undersigned has the honor to tender to the ministers of Spain, France, 
and Great Britain, the assurance of his very high consideration. 

WILLIAM H. SEWARD. 



Mr. Seward to Mr. Adams. 



No. 71] Department of State, 

Washington, Angvst 24, 1861. 

Sir : You will receive herewith an instruction which is this day sent from this 
department to Thomas Corwin, esq., the minister plenipotentiary of the United 
States residing in Mexico. The paper sufficiently explains itself. You will 
avail yourself of an early occasion to bring the subject therein presented to the 
attention of the British government, and ascertain whether it will consent to 
forbear hostilities against Mexico, so far as they may be dependent on the fail- 
ure of the government of that country to pay the interest on the debts mentioned 
in the instruction, upon the condition and for the term therein mentioned ; and 
if you iind a favorable disposition on the part of hi'r Majesty's government in 
that respect, you may ascertain how the stipulations contemplated can be entered 
into, reserving the unavoidable conditions which the instruction specifies. 

I am, sir, respectfully, your obedient servant. 



WILLIAM H. SEWARD. 



Charles Francis Adams, Esq., (^., ^., h^. 



Mr. Adams to Mr. Seward. 
[Extract ] 



No. 44.J Legation of the United States, 

London, September 14, ISGl. 

There is a great demand, on the part of some of the commercial classes, for 
positive action in their behalf against I\Iexico. The decree of the authoritiGS of 
that country, sixspending the payment of debts to foreigners, followed, as it has 
been, by the protest and Avithdrawal of the representatives of France and Eng- 
land, is the pretext for a loud call upon the two governments for active inter- 
vention, involving the establishment of some pennanent system in that country 
by force of arms. 

It is proper to mention here that I have received from Mr. Corwin, at Mexico, 
a despitch, transmitting to me copies of all the official papers connected with 
the affair, and expressing great solicitude to learn the attitude about to be taken 
by the two great powers in consequence of it. I replied by return of mail, 
infonning him that nothing had yet been detennined on, so far as Avas publicly 
known, and expressing some doubts whether, in view of the practical obstacles 
in the way of a joint intervention to establish any power by connuon consent, 
more would be attempted tliaii the customary plan of temporary occupation of 



THE PRESENT CONDITION OF ME ICO. 19? 

some commerial ports, as security for tlie satisfaction of all pecuniary demands, 

or to obtain the repeal of tlie obnoxious decree. 

********* 

I Lave tlie honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Adams to Mr. Seward. 

[Extract.] 



No. 46.] Legation of the United States, 

London, September 19, 1861. 

Sir: I have the honor to acknoAvledge the reception of the despatch No. 71, 
dated the 24th of August, Avith its enclosiire, Avhich was announced in my No. 
45, of the 14th instant, sent last week, as having failed to come in its proper 
order. It is on the subject which I had already opened in my No. 44, of the 
14th of this month. I applied at once to Lord Russell for an interview, in order 
that I might lay the view of the government before him, but as yet I have not 
been favored with a reply. The reason doubtless is that his lordship remains in 
Scotland taking advantage of the usual vacation at this season of the year, 
though retainhig the general direction of the business of the office here. So 
that all papers imdcrgo the delay of the transmission both Avays before we hear 
of the action at this point. 

The fact that a joint intervention in the domestic affairs of Mexico is contem- 
plated by the three powers of Spain, France, and Great Britain is now beyond 
a doubt. Petitions praying such action on the part of this government have 
been put into circulation at the stock exchange, and have been extensively 
signed. The cuirent of popular opinion here, so far as it may be gathered from 
the newspapers, all nins the same way. Spain seems to be eager to accept the 
advance in the movement, encouraged by its success in the case of Dominica, 
and by the hope of profiting by the present difficulties in the United States. 
Yet, in spiteof all these concurring indications, I cannot repress a doubt whether 
any practical result satisfactory to all three of the parties Avill be an-ived at. 
The establishment of a monarchy, Avhich is the great object sought for by the 
commercial and religious interests in Mexico, can be sustained only with the 
active co-operation of a sufficient foreign military force to secure obedience. It 
will be productive of a great shock to the confidence of the other republican 
governments in America, and must inevitably press them into closer alliance. 
It will also be likely to draw them all into the political complications of this 
side of the Atlantic, by rendering coimter combmations indispensible to the 
maintenance of a suitable balance of power. That all these possible conse- 
quences should have been entirely OA^erlooked by the parties engaged in this 
crusade, and especially by Great Britain, which Avould seem to have less interest 
than the other two powers in producing them, is not a little surprising. It is 
scarcely to be imagined that she Avho is arming hundreds of thousands of her 
population, and indefinitely expanding her naval resoiu-ces from mere apprehen- 
sion of what may be intended on the part of her neighbor, can be very de- 
sirous of giving her aid to fortify a combination that may ultimately be turned 
with cumulative force upon her own borders. 

Yet, in spite of all these considerations, the present indications are sufficiently 
alarming to render activity and vigilance eminently necessary on the part of all 
nations liable to be affected by this singular movement, and especially on the 



192 THE PRESENT CONDITION OF MEXICO. 

leading republican nation of the world, the United States. At no time since 

the adoption of the Constitution does there seem to have been a greater demand 

upon the capacities of the country in the direction of its foreign affairs than is 

now springing up in the midst of its internal difficulties. It is a source of great 

satisfaction to me to reflect that the care of them is reposed in such good hands. 
********* 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. "William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seward to Adams. 



No. 94.] Department of State, 

Washington, September 24, 1861. 

Sir : This government has learned from information which leaves no I'oom 
for doitbt, that an armed movement is being prepared by the governments of 
Great Britain and France to proceed to Vera Cruz with a view to make de- 
mands of some nature upon the government of Mexico. There is also informa- 
tion, but not entirely reliable, that the government of Spain will join in this 
movement. 

My despatch to you of the 24th day of August last will have shown you that 
this government takes so deep an interest in the permanence of the ]\[exican 
republic, that it is even not unwilling to render it some extremely good offices 
in its present exigencies. 

The President desires you to inform the government of Great Britain that 
this government looks "with deep concern to the subject of the armed movement 
to which I have thus directed your attention, and to ask Earl Russell for such 
explanations of it as her Majesty may feel at liberty to give, with a view to the 
satisfaction of the United States and the promotion of peace in this hemisphere. 
It is confidently believed that such explanations may not be unreasonably 
asked her in view of the intimations we have already given to our minister in 
Mexico in regard to an assumption of the payment of interest on the Mexican 
debt due to foreign bondholders. 

It is perhaps necessary to say, that owing to some accidental delay, our 
foreign mail, which must have been sent by the Eui'opa, has not yet been 
received, and therefore our information may be deemed very incomplete. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., i^-c., h^-c., <^-c. 



ISIr. Adams to Mr. Sctvard. 



[Extracts] 

No. 50.] Legation of the United States, 

Liondon, September 28, 1S61. 

Sir: Scarcely had my despatch No. 46 been made up last Saturday to go 
to the department, when I received a note from Lord Russell in answer to my 
request for an interview. It was dated at Abergeldie Castle on the 19th of 
September, and expressed regret that he should not be able soon to be in 



THE PRESENT CONDITION OF MEXICO. 103 

London to see me. But he added that if I would come up and pay him a visit 
in Scotland in the early part of the week, he should be "delighted" to gee me 
there, and to confer with me touching any subject for which I desired the con- 
ference. Abergeldie is in the north of Scotland, and about five hundred miles 
by the road from London. ****** 

Accordingly I left London on Monday evening, the 23d, and by dint of trav- 
elling all night succeeded in reaching Abergeldie at about the same hour the 
next evening. It was too late for conversation with his lordship that night, 
but on Wednesday morning, the 25th, I was favored with abundant opportunity 
for full and free conversation, the substance of which I now propose to submit 
to your consideration. 

I began by saying that I had been instructed to bring to his lordshiji's notice 
a matter that had excited great uneasiness in the minds of the authorities in the 
United States. I referred to the condition of Mexico, and to the rumors of 
certain movements making on the part of some of the powers of Europe in 
regard to her. The reason assigned for them was the late decree of the ruling 
party in that country, suspending the payment of interest on the debt to for- 
eigners ; but the ^^roposed action was represented as going further than the 
practice heretofore customary in such cases, of occupation of certain ports as 
temporary security, in order to bring about some satisfactory arrangement. It 
was generally believed that it contemplated an actual intervention in the domestic 
affairs of that country, and even the imposition of a government aver the 
people by the agency of an external military force. There seemed to be reason 
for supposing that Spain, at least, was preparing to transport troops and to send 
a navy with some such object. The disposition of France looked not altogether 
unfavorable to the same plan, and I had noticed in the newspapers that petitions 
were in circulation for signatures in London, and elsewhere, praying the co-ope- 
ration of Great Britain to that end. It was this particular feature of armed 
intervention in the domestic affaii-s of Mexico that excited the alarm of my 
government. Had the matter been confined to a mere attempt to secure the 
payment of a debt, I did not know that it would have led to any extraordinary 
proceeding on the part of the United States. But as it looked now, it was an 
effort to introduce a new principle of action into American affairs. It was the 
inaugiu'ation of a policy on the part of some of the powers of Europe in oppo- 
sition to which the government of the United States had committed itself forty 
years ago, and which that of Great Britain had not favored then nor at anr 
time since. I said I trusted I need not enlarge on the consequences to which 
such a policy might lead, to the effect it Avould have in implicating America in 
all the struggles of Europe, from which it had always striven to keep aloof, 
and to bring on combinations not merely between the different States of North 
and South America, but also the formation of counter alliances by them all with 
the other States of Europe. This must be prompted by the instinct of self 
preservation if by nothing else. For there Avas no telling, if such a project 
were executed in the case of one American State, how soon it might be repeated 
in another. And the United States might, in their present difficulties, be made 
the subject of a similar experiment. For these reasons they were anxioiTS to 
be prepared with some plan to remove the difficulty. To that end I had been 
directed to propose to her Majesty's government to postpone action for the 
present on her part, in order that the United States might be enabled to mature 
some arrangement with Mexico to provide for the payment of the interest on 
her debt, at least for a certain period, and thus remove the immediate cause of 
dissatisfaction. It was proposed to guarantee this payment by treaty, on such 
terms as might be agreed upon with Mexico. I had reason to believe that over- 
tures had already been made by the minister of the LTnited States in that 
country for a negotiation on that basis, which it was hoped might do away with 

H. Ex. Doc. 100 13 



194 THE PEESEXT CONDITION OF MEXICO. 

any supposed necessity for the extraordinary naeasiu'e presumed to be in agi- 
tation. 

His lordship hoard me very patiently to the end, and then drew out of his 
pocket a despatch from Lord Lyons, giving a pretty exact report of the par- 
ticulars of the arrangement proposed by yoin-self in yoixr paper of instructions 
to Mr. Corw'in, a copy of which was furnished to me from the department. Of 
the conditions mentioned in it I had said nothing in my remarks, both in obedi- 
ence to your directions and because they did not seem to me to be essential to 
the argument. Neither did his lordship make any especial reference to them in 
his reply. The objection that he made was that the proposed arrangement did 
not, by any means, meet the cause of complaint. Great Bi-itain had much more 
to object to in the action of Mexico than the mere suspension of the interest on 
her debt. The conduct of the different parties in that country had been such 
as to render it difficult to keep any terms with the country at all. There was 
no safety to the lives or security to the property of English subjects. Some 
time since, when General Miramon was in power, a large sum belonging to 
English subjects, which had been put up to send by a conducta, had been taken 
by violence and divided among his adherents. No repayment had ever been 
made, or satistaction given for this flagrant act of robbery, either by him or any 
one else, nor had the obligation of acknowledging the wrong been respected by 
those who came after him. The last act of suspension of the payment of 
interest on the debt was a wrong, but cumulative in its nature, and was not the 
only cause of complaint. Hence the plan of the United States, confined only to 
that one, did not seem quite co-extensive with the case. 

His lordship then proceeded to remark that there was some misconception 
prevailing in regard to the precise condition in which the matter stood at this 
moment. He read extracts from the despatches of the British envoy at ]\[adrid, 
reporting a conversation on the subject with the Spanish prime minister, 
O'Donnell, from which it would appear that the latter had not acknowledged 
any specific form of action as determined upon by Spain, and had gone so tar 
as to concede that any scheme of forcing a government upon Mexico Avould be 
" chimerical," and that all efforts to do so would be " open to grave objection." 
It thus appears that, as yet, there is really no agreement at all between the 
English and Spanish government on this subject ; and yet more, that the 
answer of Sj^ain, thus made, was substantially drawn out in the form of a dis- 
avowal of an intention imputed by Great Britain, which the latter was not 
disposed to countenance. Furthermore, his lordship told me that he had ex- 
pressed a desire that, before any action should be taken by either of the powers, 
the matter should be opened to the United States, and some plan, not of intei*- 
vention, but of settlement, adopted with their co-operation. Of course this 
would require time. In this proposal France had concurred, thongh not ^rithont 
hesitation. Spain, on the other hand, had consented to wait, but not a great 
while. She wovild go forward alone to demand indemnity, if no resiilt was 
obtained before the end of October or the first of November. Such was the 
present state of the question; and as a proof of it he shoAved me a telegram 
just received from the foreign office, in London, giving the contents of the last 
despatch from Spain to that eflt'ect. I rej)licd that the coui'se of Spain woiild 
not excite much surprise at home, for it had already been evident in the case of 
Dominica what motives stimulated her haste. The same intention to profit by 
our period of disorders was visible enough in this instance. I had little doubt 
f]\o was meditating a restoration of her poAver in Mexico through the agency of 
the church and Spanish faction there. But I had been informed, from good 
authority, that any such scheme would only be likely to aggravate all existing 
difficulties there, instead of removing them. It would revive all old hatred and 
embitter a new contest. I trusted that I might be permitted to rej)ort to my 
government that Great Britain had had no participation in such projects, and, 



THE PEESENT CONDITION OF MEXICO. 195 

at least, tliat she contemplated no domestic intervention. To this he replied in 
the affirmative. I said this assurance would be a great relief to us in the United 
States. I had not supposed it could be otherwise. It was contrary to all my 
impressions of her system in the case of a former attemj^t of the same kind. 

His lordship frankly admitted that such a proceeding Avas calculated to alarm 
the United States. To use the terms of Mr. O'Donnell, that it was " open to 
grave objection," Avas the least that could be said of it. It might, indeed, be 
that the exaggerated representations of the Spanish and priest party in Mexico 
were made to Spain to induce that country to effect its restoration to power by 
the intervention of troops. But there was no reason for believing any real good 
likely to come out of it. The truth was that there was little hope of the estab- 
lishment of any stable fonn of government at all. Certainly the people were 
not prepared for any system like that of the United States. Hence it was that 
though intervention be admitted to be inadmissible, it yet remained to know 
what Avas best to be done. If Spain persisted in her intention of going forward, 
he supposed it would become necessary for Great Britain to take some action 
too. He believed that the United States had some claims likcAvise, Avhich had 
been acknoAvledged in the treaty that had failed of ratification by the Senate. 
He should be very glad if any co-operation of all the powers could ha^-e the 
effect of sustaining any mode of government Avhich the people of Mexico might 
themselves voluntarily establish. 

I said that no country Avas more interested in the maintenance of a solid 
organization of government in Mexico than the United States. EA'erything that 
could fairly and honestly be done to faA'or the development of the spontaneous 
will of the peo]jle of that country might, I thought, be safely promised. But 
there Ave should stop. WhatcA'er might have been the tendencies heretofore, 
the designs of the present administration Avere really friendly. Their good 
offices Avould be tendered in any Avay that might relicA-e Mexico from its present 
embarrassments. Yet if there Avere no question of domestic intcrA-ention involved, 
I presumed that the United States would not seek to interpose objections to any 
ordinary mode of gaining redress for the commission of flagrant Avrongs. 

Here the couA'ersation ended on this siibject. But the next morning, just 
before my departure, his lordship took me aside for a fcAv minutes, to say that 
he had, in the interA^al, receiA'cd a despatch from Lord Palmerston, in AA'hich he 
had taken the same A'ieAv of the proposal of the United States that he did. That 
is, that the remedy did not coA'er the extent of the complaint. His lordship also 
had suggested that a counter proposition should be made to the United States. 
And he himself thought so faA'orably of it that he should direct a communication 
of it to be made, by instructions, to Lord Lyons, in his next despatch. 

I said I Avas glad to receive the announcement, and should communicate it to 
my goA'ernment. I believed that it would be ready cheerfully to entertain any 
proposition Avhich aA^oided as a basis the principle of domestic intervention. And 
I understood, as the result of my interview, that no such proposition was in 

agitation. 

* * ***** 

I have the honor to be, sir, your obedient servant, 

CHARLES FEANCIS ADAMS. 
Hon. Wm. H. Seavard, 

Secretary of State, Washington, D. C. 



196 THE PRESENT CONDITION OF MEXICO. 



Mr. Adams to Mr. Seward. 

No. 54.] Legation of the United States, 

London, October 4, 1861. 

Sir : Bj reference to a leading article in the Times of tlii.s morning, jon will 
at once perceive the condition of the negotiation in regard to Mexican a£f;iirs 
between the three powers, and the direction songht to be given to pi;blic opinion 
here on that subject. It is plain that Spain contemplates a movement in Avhich 
Great Britain can have no sympathy. At the same time the representations 
from Mexico come worse and worse: and the statement that an attempt had been 
made on the life of M. de Saligny, the French minister, has had some effect in 
stiffening the attitude of the Eaiperor. 

In the meanwhile, I have been in the receipt of a long confidential communi- 
cation from ]M. Aiidres Oseguera, the gentleman heretofore mentioned as having 
had a conference with me, a report of Avhich was contained in my despatch, No. 
44, of the 14th September, substantially recapitulating the chief points of that 
conversation, but closing with a request for my good offices with Lord Ilussell, to 
procure for some representative of the Mexican authorities an opjiortunity to com- 
municate with her Slajesty's government in regard to the difficulties between the 
two countries. In consequence of this note, I called, on Monday last, to see M. 
Oseguera, and not finding him at home I asked him to call on me the next day, 
which he did. I then, in answer to his application, explained the change in my 
position, caused by the reception of later instructions from my government, ex- 
pressed my desire to do anything in my power to pave the way to a better un- 
derstanding between the two countries to which the United States were equally 
well wishers, and then defined the extent to which I was willing to accede to 
his request. I said that in view of the withdrawal of the British minister in 
3Iexico from his relations with the government there, I should not venture to 
propose any acknowledgment or reception of a Mexican minister here. But if 
what he desired was that I should informally try the disposition of the head of 
the foreign office, to receive and listen to any representations that might be 
made to him by a person not clothed with any formal official cliaracter, but yet 
authorized to speak on behalf of the ^Mexican government, I signified my readi- 
ness to go "thus far. I added that from some incidental expression of surprise 
let fall by Lord Russell in my last conversation with him, that there should be 
no representative of Jlexico here, whilst there was one at Paris, I inferred that 
there might be an opening for the success of such an application. 31. Oseguera 
replied that he should feel much obliged to me if I would take the c<uxrse indi- 
cated ; and he went on to mention a gentleman, heretofore the secretary of le- 
gation for Mexico at that place, ]Mr. Huice, as the person A\hom M. La Fuente, 
the minister at Paris, Avould empower to act for his government, if agreeable to 
his lordship. I said that with this miderstanding I would proceed to make the 
overture. 

Accordingly, the next day, that is, on Tuesday, the 1st of this month, I called 
at the foreign office, and in the absence of Lord Russell, who is still in Scotland, 
I had an interview with Mr. llannnond, one of the under secretaries. 1 ex- 
plained to him my position in the premises, being that simply of a common 
triend making an effort to open the way to an understanding between two disa- 
greeing parties. I had been asked to present the question Axhether Lctrd Russell 
would consent to receive an infu-mal agent of the Mexican authorities. 1 was 
willing to go thus far from a belief that it would be agreeable to my govern- 
ment, and not from any express authority. 

Mr. Hammond said that he would write to his lordship and conimunicate my 
mesaage. He asked mc if 1 knew how matters stood at Paris, and then meu 



THE PRESENT CONDITION OF MEXICO. 197 

tinned tlio rumor of the attack on M. de Saligny, wliich I have ah'eady referred 
to. I said that I had heard nothing of it, neither did I believe M. Oseguera 
couki have heard of it when I last saw him. I then took my leave. 
I have the honor to be, sir, yom* obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seward to Mr. Ada?ns. 



No. 99.] Department of State, 

JVashington, October 10, 1861. 

Sir : Your despatch of September 14, No. 44, was duly received. It treats 
two subjects, one the extraordinary proceedings of her Majesty's government in 
the matter of her consvil at Charleston, Mr. Bunch, the other the attitude of 
Great P)ritain and France towards Mexico. 

I shall consider only the latter subject in this paper. 

My despatch No. 71, of the 24th of August last, has informed you of our 
overtures to Mexico, and our propositions concurrent therewith to Great Britain 
and France for an assumption on our part of the payment of interest on the 
Mexican bonds as a condition of forbearance on the part of those states to the 
Mexican republic. 

My des[)atch No. 94, of the 24th ultimo, instructed you to ask explanations 
of her Majesty's government concerning the designs of the naval demonstration 
Avhich rumor reports is about to be made by Great Britain and France against 
Mexico. 

Since those instructions were given Ave learn, upon Avhat seems to be sufficient 
authority, that the government of Spain is meditating a demonstration against 
Mexico, but it is not certainly known Avhether that demonstration is to be made 
alone or in concert with the designs of Great Britain and France. Some 
explanations have been informally given oil this subject by the Sjjanish govern- 
ment to our minister at Madrid importing that no design of conquest is enter- 
tained by Spain in this movement. 1 shall, however, simultaneously Avith 
sending this despatch, instruct Mr. Schurz to recall the subject to the attention 
of the Spanish government, Avith a view, if possible, to induce it to practice 
forbearance. A copy of the commimication to Mr. Schurz AA'ill accompany this 
despatch, and you Avill inform Lord Russell that this goA-ernment is deeply 
anxious for the safety, peace, and prosperity of Mexico. Consulting the spirit 
rather than the letter of my previous instructions, and considering them enlarg-ed 
so as to embrace the ncAV danger Avith Avliich Mexico is threatened, you aa^II 
confer Avith him and ascertain AAdiether any and what proposition that we can 
make to Spain, attended, if necessary, Avith a modification of our former propo- 
sition to Mexico and France and England, AA^ould receive the favorable considera- 
tion of the British government and engage its good offices to secure a forbearance 
of those three poAA^ers from hostile designs against the Mexican republic. 

The negotiation on this subject is attended Avith embarrassments and delays. 
We haA^e not yet received a reply from Mexico to our overtures already made. 
Operations may be definitively matured on the other side of the Atlantic Avhile 
we are considering hoAv we can most effectually and properly engage in prevent- 
ing the necessity for them. I shall therefore expect you to consider carefully 
the whole case as you find it, and rather to propose to me Avhat this government 
shall do than to Avait for ncAV suggestions from me in the premises. 
I am, sir, your obedient serA^ant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq^., ^-c, hp., ^c. 



198 THE PRESENT CONDITION OF MEXICO. 

Mr. Adams to Mr. Seivard. 

[Extract.] 

No. 57.] Legation of the ITmted States, 

London, October 11, 1861. 

Sir : I liave tlie lionor to acknowledge the receipt of tlie ingtructious con- 
tained in your despatch, No. 94, dated the 24th of September, to ask explanations 
of the government here as to the contemplated movements in respect to Mexico. 
My despatch, Xo. 50, addressed to the department four days after the date of 
yours, must by this time have come to hand, and have furnished some idea of 
the intentions of her Majesty's ministers ; whilst the course indicated to me as 
about to be taken by Lord Russell, through the agency of Lord Lyons, will 
have brought to your notice the precise form of policy they have concluded to 
adopt. This position of things would seem to release me from the necessity of 
charging myself further with the matter, at least for the present. In the mean- 
while the answer of Lord Russell to the petition presented to him from the 
merchants is published in all the papers, and seems to be gi"ving a new turn to 
the public sentiment on the subject in London. 

In my number 54, dated the 4th instant, I gave some account of an infonnal 
visit paid by me on the 1st instant to the foreign office, at the solicitation of M. 
Oseguera, of the Mexican legation at Paris, to learn whether his lordship would 
receive informally an authorized agent of Mexico. I have since received an 
imofficial note from Mr. Hammond, informing me that his lordship would receive 
such a person on his return to town about the 19th of the month. In the 
meantime, however, M. Oseguera sent me a note announcing that he had been 
recalled to Paris, and apprising me that the authorized person to whom he had 
referred would soon make himself known to me. But as yet I have seen nothing 

of him. 

********* 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seivard to Mr. Adams. 
[Extract.] 



No. 100.] Department of State, 

Washington, October 12, 1S61. 

Sir: Your despatch of September 19, No. 46, has been duly received. I 
have already in the latest instructions sent you (Xo. 99, of the lOlh instant) 
anticipated the subject of Mexican affairs, and I need add nothing on tliat sub- 
ject, except that I have transmitted a copy of the last-mentioned paper to Mr. 

Dayton, and requested him to be governed by its directions. 

******* * * 

I am, sir, your obedient servant, 

WILLIAM II. SEAVARD. 
Charles Francis Adams, Esq., 4^., S^c., S^v. 



THE PKESENT CONDITION OF MEXICO. 199 



3Ir. Seward to Mr. Adams. 

No. 101.] DepartmExVT of State, 

WasJdngton, October 14, 1861. 

Sir: Your despatch of September 28, Xo. 50, lias been received. 

It contains an account of your visit to Lord Russell, at bis residence in 
Abcrgeldie castle, and your consultation witb bim tbere on tbe subject of tlie 
difficulties between Great Britain and France on tbe one part, and Mexico on the 
other part. The difficulties between Spain and Mexico were also treated of in 
the same conversation. The result Avas that a counter proposition would be 
sent to me. I do not see that a more favorable turn of this matter could have 
reasonably been expected 

I am, sir, your obedient servant, 

WILLIAM 11. SEWARD. 

Charles Francis Adams, Sfc, ^-c., ^r. 



Mr. Scicard to Mr. Adams. 



No. 106.] Department of State, 

Waskhgtofi, October 19, 1861. 

Sir : Your despatch Xo. 54, written under the date of October 4, has been re- 
ceived. 

Your proceedings in behalf of Mr. Oseguera were prudent and just. I hope 
that he may be successful in averting the dangers which are impending over his 
unfortunate country. 

I am, sir, your obedient servant. 



Charles Francis Adams, S^-c., Sfc., S^c. 



WILLIAM 11. SEWARD. 



3Ir. Adams to Mr. Seward. 

[Extract ] 



No. 62.] Legation of the United States, 

London, October 24, 1861. 

Sir : In my despatch, No. 57, dated the 11th of the present month, I had the 
honor to report the result of my informal application at the foreign office in be- 
half of a representative of the authorities of Mexico. I there stated that M. 
Oseguera, who had solicited my aid, had left London, and that the other person 
to whom in his note to me he had referred as about to take his place, had not 
made himself known to me. As the day appointed for the conference, the 19th, 
drew nigh, and as Mr. Hammond's private note to me seemed to assume that M. 
La Fuente himself was to be the person to call upon Lord Russell, I determined 
to write at once to M. Oseguera, at Paris, apprising him of this fact, and leaving 
it to M. La Fuente to determine what he shovild do in the premises. The effect 
was to bring M. La Fuente to London on Friday, the 18th of the month. In the 
meanwhile Lord Russell had requested a change of the time of the conference 



200 THE PKESENT COXDITION OF MEXICO. 

to that very day. So that, -n-lien 31. La Fuente was announced as coming to see 
me at noon, it was not -without some little trouble that I succeeded in making the 
appointment effective for that evening at a quarter before five o'clock. 

M. La Fuente does not speak English, neither is he a very perfect master of 
French. As a consequence, it has not been easy to confer with him on the two 
occasions upon which he has been to see me, once before and once after his con- 
ference with Lord Eussell. I did not gather from him that he had succeeded in 
eliciting anything more definite from his lordship than I had obtained myself. 
He seemed more anxious to make inquiries of me as to the natui-e of the pro- 
position to be made to the L'nited States, as well as to the rumored disposition 
of the latter to accept it. Lord Russell had been as silent to him in regard to 
his projects as he was to me. As to the other question, I pointed out the obvi- 
ous impossibility that such a rumor should be true, inasmuch as the time ne- 
cessary to receive a return from America had not elapsed. For the rest M. La 
Fuente seemed to be of opinion that any attempt by Spain to set up an authority 
in Mexico would certainly fail. I asked him whether there might not be a re- 
petition of the drama played in Dominica, and a formal invitation to assume the 
power from certain self-constituted authorities of the priest and old Spanish parties 
in Mexico. Pie admitted the possibility, but he considered the preponderance of 
opposition so great over the broad suriace of the country as to render the plan 
scarcely jtracticable. Yet he seemed utterly unprovided with any scheme to 
Avard off the danger or to smooth the difficulties in Avhich his country is involved. 
He is still in town, and he took leave expressing the hope of seeing me again 
before his return to France. I shall endeavor to call upon him before long. 
■ On Thursday I returned the visit of Mr. Moreira, the Brazilian minister, and 
I seized the occasion casually to get his views upon this proceeding of Spain. I- 
found him not disposed to give much credit to the notion that any establishment 

of authority Avas contemplated. He considered it far too visionary. 

* *'* * * # * * * * 

Hon. "William H. Seward, 

Sccrctarij of State, IVasJiingto?!, D. C. 



Mr. Scivard to Mr. Adams. 



No. lll.J Department of State, 

Washington, October 2^, 1861. 

Sir: Your despatch of October 11, Xo. 57, has been received. I have 
thus far nothing from Lord Lyons on the subject of European intervention in 
Mexico. Of course T have nothing new to say on that subject. I hope tlie 
delay of movements is indicative of moderation. 
I am, sir, your obedient serA'ant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., ^v., S^x., S^r. 



JSIr. Adafi/s to Mr. Scicard. 
[Extracts ] 



Xo. (jQ).] Legation of the United States, 

London, Xorcmhcr 1, ISGl. 

Sir : I have to acknowledgi^ tlie roc('])tion of despatches from tlu> department, 
No. 09 and No. 100. respcctix < ly (h-utnl the 10th and the 12th of October. They 



THE PRESENT CONDITION OF MEXICO. 201 

both relate to the Mexican question, upon Avhich I have ah'eady made a report 
of my action in my despatches Nos. 50 and 62, the first of which, at least, must 
by this time be in your hands. It will clearly appear from the representation 
there made of the state in which the matter Avas left after my conference with 
Lord Russell, that it is utterly out of my power to propose a course of action 
for the goA^ernmcnt of the United States as su«:gested in your No. 99. As his 
lordship did not think fit to make me acquainted with the nature of the plan he 
was about to submit to your consideration through Lord Lyons, I miist wait to 
learn it from you, as well as the reception which it has met with from the Presi- 
dent. In the meantime, rimiors continue to fly about in the newspapers of the 
adoption of a scheme of co-operation between the three governments, which, in 
my belief, are as yet the offspring of the wishes of interested parties rather 
than of established facts. There can be no doubt, however, that negotiation is 
actively in process for the attainment of some positive result, and that in the 
meantime the necessary force is ordered to be in preparation to execute what 
may be finally determined on. 

Yesterday I had the honor of another visit from M. La Fuente. But it seemed 
to be rather for the purpose of gaining than imparting information. He had not 
yet. received his despatches from home, or any authentic intelligence of the late 
events in Mexico, Indeed, he was indebted to me for a copy of the Mexican 
Extraordinary of the 27th of September, which I happened to have received 
the night before, confirming a report he had heard of a reactionary movement 
in the Sierra by the priest party, in conjunction with numbers of Spanish ofli- 
cers, and raishig the Spanish flag. But he seems as much unprepared Avith any 
remedy as ever. The truth is that the condition of the country is such as posi- 
tively to invite interference from abroad, and the great obstacle to it interposed 
by the ordinary position of the United States is so far diminished by their ex- 
isting divisions as to give full play to the revival of ambitious national dreams 
in Spain. All this I can well understand. But the policy of Great Britain in 
appearing even indirectly to give countenance to them is not as yet clear to me. 
It may be that she proposes to take a part in order to retain a right to control 
the result. * * * * * * * 

You will permit me here, however, to make a single remark in this connexion 
upon the importance of appearing to divest the United States of any personal 
and selfish interest in the action it may think proper to adopt. The view 
customarily taken in Europe is that their government is disposed to resist all 
foreign intervention in Mexico, not upon any principle, but simply because it is 
itself expecting, in due course of time, to absorb the whole country for its own 
benefit. Hence any proposal like that which I had the honor to receive, based 
upon the mortgage of portions of Mexican territory as security for engagements 
entered into by the United States, naturally becomes the ground of an outcry 
that this is but the preliminary to an entry for inevitable foreclosure. And 
then follows the argument that if this process be legitimate in one case, Avhy 
not equally in all. As against Great Britain and France it would be difficult 
to oppose to this the abstract principle contained in what has been denominated 
the Monroe doctrine, however just in substance. But both those countries 
haVe of late years been disposed to give more and more weight to the doctrine 
of non-intervention in the internal government of nations Avhere there may be a 
conflict with the general sentiment of the population. If this be acknowledged 
in the case of the smaller states of Italy, in Europe, it is difiicult to understand 
how it can be denied in the more remote regions of the world. Certainly the 
states of America, north and south, are sufiiciently distant from the theatre of 
contention on this side of the globe to entitle them to claim immunity from the 
danger of being swept by force into the vortex of its local passions. There 
can be no doubt that, as it regards Europe, the voice of all the independent 
American nations is the same. They want no dictation, nor any resumption 



202 THE PRESENT CONDITION OF MEXICO. • 

of their old relations. If they fail in performing their honest engagements, 
they make themselves liable in their jn-operty, but not in their persons or their 
pohtical rights. Any attempt to transcend that broad line of distinction is a 
mere appeal to force, which can carry with it no obligation one moment beyond 
the period when it may be successfully overthrown. And the principle is broad 
enough to make the maintenance of it in one country equally the cause of all 
the rest. 

I have the honor to be, sir, your obedient servant, 

CHAELES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washingtoti, D. C. 



Mr. Adams to Mr. Seward. 

[Extract.] 

No. 6S.] Legation of the United States, 

London, Novcmher 8, 1861. 

Sir : You will probably receive by the present opportunity a copy of the 
convention entered into by the three powers on Thursday, the 31st of October 
last, and signed at this place by Lord Russell, Count Flahault, and M. Isturiz. 
I have not yet seen it, but I am given to understand that it involves a joint 
possession of so much of Mexico as may be deemed necessary to secure a full 
reparation for all the injuries complained of, and leaves it open to the United 
States to become a party to the undertaking, if it shall think fit. I transmit 
herewith a copy of the London Morning Post of yesterday, which contains what 
may be regarded as a semi-official explanation of the views of this government 
on that subject. 

I received another visit from M. La Fuente on Wednesday, and we talked 
the matter over again quite freely ; but I did not discover that he had either 
any new views to present or additional infonnation. I think he expresses more 
apprehension of a repetition of what he calls the "comedy of St. Domingo" 
than he did. But it seems to me that this is rendered less, rather than more, 
likely by the junction of the other two powers. 

I have the honor to be, sir, your obedient serv^int, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



London, Thursday, November 7, 1861. 
The Moniteur officially announces the fact, of which the better-informed cfass 
of persons in this country had been probably for some days aware, tliat the 
Mexican convention was concluded on Thursday last. This document was 
signed by Earl Russell, Count Flahault, and :^L Isturiz, in this capital ; and we 
believe that, as soon as we shall be able to lay the text before our readers, it 
will be found, both in its general tenor and in the specific provisions which it 
contains, to bear out the; character whidi we assigned to the intervention when 
we first announced it in our impression of the 24tli of September. We then 
showed that our case against the Mexican government was altogether ex- 
ceptional, and was such as had no parallel iu our grievances against any other 



THE PRESENT CONDITION OF MEXICO. 203 

state, whether in Europe or America. It was not simply that these grievances 
were of long standing, that the government of the country had become utterly 
demoralized, and that the rights which one state, according to international law, 
has against the other, were ignored, and their redress withheld. There had 
been both pecuniary wrongs and personal wrongs endured by the three parties 
to the convention of a nature altogether special and peculiar. There was, on 
the one hand, the personal protection due to British, French, and Spanish sub- 
jects who were denizens in Mexico ; and there was, on the other hand, the 
property of bondholders, (chiefly English,) which had been formally secured 
upon mortgages of the public income, while the successive Mexican governments 
had diverted the latter from its due application. There can be no doubt that 
we are perfectly justified in insisting that a government in professed alliance 
with ourselves (as that of Mexico is) shall protect British subjects within its 
territories, and the same justification of course applies to France and Spain in 
their relations with the Mexican authorities. Neither can there be any doubt 
that we are equally justified in insisting upon the payroent of our pecuniary 
claims where there has been a formal hypothecation of public income for their 
liquidation, and a fraudulent repudiation of the pledges thus entered upon, as 
well as, in a particular instance, a violent robbery of property secured under 
the seal of the British legation. 

To deal first with the question of the personal security of the subjects of the 
three contracting poAvers in Mexico. The principle which we have always 
recognized as governing our relations with foreign countries is, that the foreign 
government is responsible for the acts of its subjects. So long as civil war 
lasted in that country, we should be ready to adopt this principle with some 
reservation in actual practice ; and even when a government, imperlcctly secure 
in its domestic authority, evinced a disposition to do its utmost in defence of 
British life and property, we should not be harsh in exacting a rigorous secui-ity 
for our subjects which could be hardly attainable in fact. But when this foreign 
government evinces an utter indift'erence to the lives of our fellow-subjects, our 
right of redress arises in all its force. Europeans have been unsafe even in the 
streets of the Mexican capital at midday ; " Death to the foreigners" has been 
the common cry of tlie people ; and when our representatives have demanded 
the redress to which we are entitled, they have been refused the very slightest 
assistance and protection for the future. We have, therefore, no alternative but 
to assume that the Mexican government, though not perhaps in actual com- 
plicity with the robbers and bandits by whom British subjects have been at- 
tacked, at any rate offers no opposition to their pillage. Let the government 
be as feeble as it may, we are entitled to require that it shall protect our siib- 
jects to the extent of its ability ; and we cannot but charge upon its indifference, 
if not upon its complicity, much of the grievaiice which we have now to redress. 
If private wrongs of this kind ever call for public indemnification — if British 
subjects can ever demand security for their personal safety for the future — it is 
certainly in the present case of Mexico. 

In turning from the more strictly personal to the more strictly pecuniary 
grievances which we have against Mexico, it may be fairly asked what is the 
good of a mortgage if it is not to operate as a security ; and what becomes of 
the " security" if the mortgagors are not permitted to foreclose 1 A simple loan 
conti'acted by one country with another in itself imports a solemn obligation ; 
and if there is any analogy whatever between international and municipal law 
in this respect, there ought to be a right of redress where the terms of the com- 
pact are fraudulently repudiated by the power which has incurred the debt. 
But if this be so with a simple loan, much more is it the case where there has 
been a formal hypothecation of sea-coast custom-houses as a security for the 
payment of interest due in consideration of it. Indeed, the very selection of 
seaport customs dues as a mortgage to a maritime power bears much of the 



204 THE PRESENT CONDITION OF MEXICO. 

character of an acknowledgment of the riglit of that power to interfere in the 
event of deffiult taking jilace. To take aii example from European states. Wc 
granted a loan to Turkey, in 1854, upon the security of the Egyptian tribute. 
Turkey, indeed, has faithfully met all her obligations. But, supposing that she 
had tailed to pay the interest due upon this loan, either we should have had a 
distinct lien upon the Egyptian tribute, or the pretended security would have 
amounted to nothing at all. In the case of Mexico, however, there has been 
not only simple failure, but protracted failure, and a virtual repudiation which 
is obviously fraudulent, to say nothing of the open robbery committed by Mu-a- 
mon's government. We can hardly conceive, therefore, a wider misapplication 
of terms than to describe an insistance on the securities deliberately pledged by 
the Mexican government as equivalent to " a collection of bad debts," as it has 
been termed in one or tAvo quarters. The customs revenue of the country war- 
rants the supposition that the debts are capable of collection, and therefore 
good. The law of morality must bear in international jiu'ispnidence an analogy 
to municipal jurisprudence if there is to be any confidence and security in trans- 
actions between one people and another. We, however, have yet to learn that 
there is any necessity for vindicating a convention Avhich, at all events, cannot 
be duly criticized until its purport is fully known ; and we believe that it will 
tend to establish a principle of morality between government and government 
which will impart fresh stability to all international transactions. 



Mr. Scivard to Mr, Adayns. 



No. 119. J Department of State, 

Washington, Novcmhcr 9, 1861. 

Sir : Your despatch of October 24 (No. 62) has been received. 

The rendering of your good offices to Mr. Oseguera is entirely approved. I 
■wish, indeed, that it were possible for you or for me to do more than seems 
now to be practicable for the benefit of Mexico to assitre her peace. As things 
stand, Ave can only be Avatchful of occasions for that purpose, and jealous of our 
OAvn rights and interests. 

We are Avaiting Avith some solicitude for the communication concerning the 
Mexican question promised you by Earl Russell. 
I am, sir, your obedient scrA^ant, 

WILLIAM H. SEWARD. ■ 

Chakles Francis Adans, Esq., ^-c, &,-c., ^r. 



Mr. Adams to Mr. Seward. 

[Extract.] 



No. 71. J Legation of the United States, 

London, Novcmhcr 14, 1S61. 



* * 



Before taking my leave I seized the opportunity to speak a Avord upon the 
subject of the confidential communication made in your No. 110. I asked 
Avhether his lordship Avas apprised of the facts there stated, lie said yes. 
Lord CoAvlcy had Avritton to him about it. 'J'he proceeding did not seem to 
have a very definite shape. It Avas rather a suggestion than anything else. 



THE PRESENT CONDITION OF MEXICO. 205 

And when asked whether Lord Lyons would be directed to follow suit, the 
answer had been in the negative. 

I dropped the matter at that point, and went on to speak of the convention 
about Mexico. I said that what pretended to be the substance of that paper 
had already appeared in the journals, French and English, but as there was 
some discrepancy in the statements, I should feel myself much favored with 
the opportunity to have a sight of it. I presumed it had been already sent to 
my government, as I saw that an opening was left to it to become a party if it 
pleased. His lordship said the convention had not yet been signed. It prob- 
ably would be in the course of the Aveek, and I should have a copy of it. I 
then observed that M. La Fuente, who was still here, expressed great appre- 
hension of the effects of it in destroying all that was left of authority in Mexico. 
On the other hand, the Spanish press did not pretend to conceal their confident 
expectation of a re-establishment of the national authority. His lordship replied 
that intervention was expressly disavowed in the treaty. As to the present 
exi-stence of authority, there was none. If that which claimed it had acted 
with moderation, and had given notice of their embarrassments and acknowl- 
edged their obligations, it would have been something. But to proclaim coolly 
a refusal to pay an undeniable promise was intolerable. Sir Charles "Wyke 
had written that the present mode was the only one by which to bring round 
any remedy for the evil, and so the government had concluded to adopt it. 

I then took my leave of his lordship. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 



3Ir. Scicard to Mr. AdatnL 



No, 128.] Departme.xt of State, 

Washington,, November 21, 1861. 

S[R : Your despatch of November 1 (No. 66) has been received. It treats 
of the Mexican question. But thus far I have not received from Lord Lyons 
the note on that subject which we were authorized to expect. On the contrary, 
I hear informally that a convention has been concluded between Spain, France, 
and Great Britain, providing for concerted hostilities, and that this treaty is to 
be submitted to the United States, with consent that they shall become a party. 
I hear also that the treaty stipulates against any political designs, and confines 
the expedition merely to the redress of grievances. 

I hear from JMexico at last. The Mexican government accepts our proposition 
to assume or guarantee her debt upon security to be given to us. But the 
British and French having virtually declined to accept this arrangement, the 
whole matter remains in a very vmsatisfactory state, and I am unable to see at 
this moment what course we can take to aftbrd relief or security to Mexico. 
I am, sir, your obedient servant. 



WILLIAM H. SEWARD. 



Charles Francis Adams, Sfc.., &fc., S^c. 



Mr. Scicard to Mr. Adams. 



No. 133.] Department of State, 

Washingtorb, Koveinher 25, 1861. 
Sir : Your despatch of November 8 (No. 68) has been submitted to the Pre 
sident. Mr. Mercier, the minister of France, has unofficially communicated to 



206 THE PEESEXT COXDITIOX OF MEXICO. 

me the treaty of Spain, France, and England in regard to Mexico, wliicli I un- 
derstand will be formally laid before lis immediately by tlie tbree contracting 
j)owers. 

I shall be able to give yon the result of the President's deliberations upon it 
by the next mail ; meantime it seems difficnlt to find ont what can be done to 
avert the calamities Avhich threaten our unhappy neighbor, though she has our 
sympathies guaranteed, as all just sympathies are, by enlightened views of in- 
terests of our own. 

I am, sir, your obedient sen'ant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esc^., Sfc., S^-c, S^c. 



Mr. Seivard to Mr. Adams. 



Iso. 148.] Department of State, 

Was7iington, December 18, 1861. 
Sir : I transmit for your information the copy of a note, of the 4th instant, 
addressed by me to the diplomatic representatives of Spain, France, and Great 
Britain accredited to this government, relative to the proposed accession 
of the United States to the convention which was concluded at London on the 
31st of October last between those powers for the redress of their grievances 
against the reijublic of Mexico. 

I am, sir, your obedient servant, 

WILLIAM H, SEWARD. 
Charles Francis Ad^^ms, Esq., S^x., Sfc., ^v. 



Air. Seivard to Mr. Adams. 



No. 161.] Department of State, 

Washington, January 8, 1862. 

Sir: I have to acknowledge the receipt of your despatch (Xo. 71) of the 
14th of November last. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., ^c, S^., ^r. 



Mr. Adams to Mr. Seward. 



[Extract.] 

No. 106.] Legation of the United States, 

London, Jamiary 24, 1862. 

You will doubtless have had your attention draAvn before this time to the 
course Avliidi the ^Mexican intervention is taking. On the reception of the news 
of the lauding of the Sjvinish force and its occupation of Vera Cniz, the an- 
nouncement is made of the outfit of a Frencli force designed to follow up the 
advantage. It is no longer concealed that the intention is to advance to the 



THE PRESENT CONDITION OF MEXICO. 207 

capital, and to establisli a firm government, with the consent of the peojjJe, at 
that place. But who are meant by that term does not appear. This issue is 
by no means palatable to the government here, though it is difficult to imagine 
that they could have been blind to it. Feeble murmurs of discontent are heard, 
but they will scarcely be likely to count for much in the face of the obligation 
under which the action of the Emperor in the Trent case has placed them. 
The military occupation will go on, and Avill not cease with the limits now 
assigned to it. It is not difficult to understand the nature of the fulcrum thus 
obtained for operations in a new and a different quarter, should the occasion be 
made to use it. The expedition to the city of Mexico may not stop until it 
shows itself in the heart of the Louisiana purchase. 



Mr. Seicai-d to Mr. Adams. 



No. 191.J Department of State, 

Washington, February 19, 1862. 

Sir : Although I have adverted in other instnictions to the subjects discussed 
in your despatch of January 24, (No. 106,) it is only now that I have found 

leisure to acknowledge the reception of that paper. 

********* 

I shall carefully observe the progress of affairs in Mexico. If, indeed, our 
own Union were likely to fall, and the southern portion of the United States 
were to pass undei a European protectorate, we could have small ground to 
hope that we could save Mexico from European reconquest and sul)jugation. 
But with reassurances of our own safety comes up to us an absolute confidence 
that no part of the continent will lose republican institutions and self-govern- 
ment. 

We have acted, and shall continue to act, with frankness and justice towards 
the three powers who are invading j\[exico, as Avell as with liberality to the gov- 
ernment of JMexico itself. We do this distinctly relying on the assurances we 
have received from those powers that they will seek no political objects in their 
invasion. If they should forfeit these pledges their broken fjiith would be 
rewarded with only serious complications, ending in results disastrous to them- 
selves. 

But we will not allow ourselves to indulge apprehensions that could only be 
justified by distrust of the good faith of the three great states concerned. 
I am, sir, jouv obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, .Esq., S^r., &^v., Sfc. 



Mr. Seward to Mr. Adams. 



No. 198.] Department of State, 

Washington, March 3, 1862. 

Sir : We observe indications of a growing opinion in Europe that the de- 
monstrations which are being made by Spanish, French, and British forces 
against Mexico are likely to be attended with a revolution in that country which 
will bring in a monarchical government there, in which the crown will be assumed 
by some foreign prince. 

This country is deeply concerned in the peace of nr^tions, and aims to be loyal 



208 THE PEESENT CONDITION OF MEXICO. 

at the 'same time in all its relations, as well to the allies as to Mexico. The 
President has therefore instructed me to submit his views on the new aspect 
of affairs J:o the parties concerned. He has relied upon the assurances given to 
this government by the allies that they Avere seeking no political objects and 
only a redress of grievances. He does not doubt the sincerity of the allies, and 
his confidence in their good faith, if it could be shaken, Avould be reinspired by 
ex})lanations apparently made in their behalf that the governments of Spain, 
France, and Great Britain are not intending to intervene and will not intervene 
to effect a change of the constitutional form of government now existing in 
Mexico, or to produce any political change there in opposition to the will of the 
Mexican people. Indeed, he understands the allies to be unanimous in declaring 
that the proposed revolution in Mexico is moved only by Mexican citizens now 
in Europe. 

The President, however, deems it his duty to express to the allies, in all 
candor and frankness, the opinion that no monarchical government which could 
be founded in Mexico, in the presence of foreign navies and armies in the waters 
and upon the soil of jMexico, would have any prospect of security or perma- 
nency. Secondly, that the instability of such a monarchy there Avould be 
enhanced if the throne should be assigned to any person not of Mexican nativity. 
That under such circumstances the new government must speedily fall unless it 
coidd draw into its support European alliances, which, relating back to the pre- 
sent invasion, would, in fact, make it the beginning of a permanent policy of 
armed European monarchical intervention injurious and practically hostile to the 
most general system of government on the continent of America, and this would 
be the beginning rather than the ending of revolution in Mexico. 

These views are grounded upon some knowledge of the political sentiments 
and hal)its of society in America. 

In such a case it is not to be doubted that the permanent interests and sym- 
pathies of this coimtry would be with the other American republics. It is not 
intended on this occasion to prcnlict the course of events Avliich might happen 
as a consequence of the proceeding contemplated, either on this continent or in 
Europe. It is sufficient to say tJiat, in the President's opinion, the emancipation 
of this continent from European control has been the princi[)al feature in its 
history during the last century. It is not probable that a rcAolution in a con- 
trary direction would be successful in an immediately succeeding century, while 
population in America is so rapidly increasing, resources so rapidly developing, 
and society so steadily forming itself upon principles of democratic American 
government. Kor is it necessary to suggest to the allies the improbability that 
European nations could steadily agree upon a policy favorable to such a counter- 
rcAolution as one conducive to their own interests, or to suggest that, however 
studiously the allies may act to avoid lending the aid of their land and naval 
forces to domestic revolutions in ^[(.'xico, the result would nevertheless be trace-, 
able to the presence of those forces thens although for a different purpose, since 
it may be deemed certain that but for their presence there no such revolution 
could probably have been attempted or even conceived. 

The Senate of the United States has not, indeed, given its official sanction to 
the precise measures w])ich the President has proposed for lending our aid to 
the existing government in Mexico, with the approval of the allii's, to relieve it 
from its present embarrassments. This, however, is only a question of domestic 
administration. It would be very erroneous to regard such a disagreement as 
indicating any serious difference of opinion in this government or among the 
American jK'(»ple in their cordial good wishes for the safety, welfare, and stability 
of the nqjublican system of government in that country. 
1 am, sir, your obedient servant, 

WILLIAM IL SEWAKD. 

Charles Fraxcis Adams, Esq., ^c, Sfc., ^. 



THE PRESENT CONDITION OF MEXICO. 209 

Mi\ Adams to Mi-. Seward. 

[Extract.] 

No. 115.] Legation of the United States, 

London, February 14, 1862. 

Sir : You will receive by this steamer copies of tlie documents publislied by 
order of the British government relating to foreign aflfairs, numbered from 1 to 6. 
It is deserving of notice that the documents issued by the government of the 
United States in connexion with the President's message, on the same subject, 
have been also reprinted in extenso in a separate volume. 

That portion of these papers relating to the Mexican imbroglio will, of course, 
attract your immediate attention. It would seem as if her Majesty's ministers 
were finding themselves already plunged far more deeply in the enterprise than 
they at first contemplated, and were on the point of being pushed into a complete 
abandonment of the long-established maxims of British policy. In this con- 
nexion I was led with some cimosity to examine Lord Russell's note to Lord 
Cowley of the 27th of September, giving an abstract of my conversation with 
him on this subject, and to compare it with my own report of the same, trans- 
mitted to you in my despatch, No. 50, of the 28th of the same month. In the 
earlier portion of the conference there is a substantial agreement, but it is worthy 
of note that the particular assurance given at its close, with authority to be 
communicated to you, is alluded to in his lordship's letter only as it may be 
found in the second of the two conditional bases of union directed to be presented 
to the consideration of the government of France. 

The facts attending the present condition of the question, so far as I can 
gather them, are these : The Spanish government, impatient of delays, as indi- 
cated at the beginning, took the initiative, and despatched a much stronger force 
of troops to Mexico than had been contemplated by the other powers. Scarcely 
had they reached the country before new and material modifications of the 
original plans were given out to be rendered necessary by the emergency. On 
receiving the intelligence the French government, fearful of losing the whole 
control of the movement, at once ordered forth a re- enforcement of land troops, 
without, however, discouraging the change introduced into the plan of the 
expedition. It then became noised abroad that a distinct proposal had been 
made to the Archduke Maximilian of Austria to accept the position of king of 
the country, but by whom this proposal had been made did not clearly appear. 
The allegation now is, that it came from certain influential representatives of 
that country now in Europe. Very possibly Generals Almonte and Miramon 
may have been of the number, but at least no American could fail at once to 
see the vanity of such popular sentiment as they embody, or to comprehend the 
uses to which they have been put by persons who are ready to make that senti- 
ment out of the bayonets of Europe. Of the motives for this action the conjec- 
tures of people widely differ. Some pretend to say that this offer to an Austrian 
prince was intended to secure the settlenjent of Italy by the surrender of V«>netia 
and the temporal power of the Pope. Others affect to regard it as designed 
ultimately to establish a French principality all around the Gulf coast. How- 
ever this may be, the fact of intervention is certainly avowed by Spain and 
France, and it finds its defenders even in Great Britain. 

It remains only to examine the position of the latter power in connexion with 
the matter. "VVe all remember the somewhat exaggerated egotism of George 
Canning, when he said, " I called that country into existence," as Veil as all 
the later policy which secured those regions as a field for British commerce and 
enterprise against a relapse under the narrow exclusiveness of Spain. We also 
know how eaniestly England has proclaimed the doctrine of non-intervention 
H. Ex. Doc. 100 14 



210 THE PEESEXT COXDITIOX OF MEXICO. 

in the domestic questions of European states tliat are seeking to make good 
their rights to establish their own institutions. Moreover, the distinctness with 
which Lord Russell, at our interview in September last, authorized me to 
declare this, as the principle of British action in regard to Mexico, is doubtless 
fresh in your recollection of my account of it ; yet the fact is not the less clear 
to all the world that at this moment Great Britain actually occupies the post of 
holding the door, whilst her two associates, Avith her knowledge, go in, fully 
prepared, if they can, to perpetrate the act which she, at the outset, made them 
denounce, at the same time that she disavowed every idea of being made to par- 
ticipate in it. It is deserving of notice, ui this connexion, that all the process 
which terminated in the convention between the three powers took place during 
the period of recess, when no cabinet consultations whatever are held. There 
is reason for believing that the business was conducted by Lord Russell, 
mainly imder the direction of Lord Palmerston, and that many of the ministers 
were taken by surprise on learning that it was completed. I hear that some 
are not satisfied with the situation, and are anxious to retreat from it. Such is 
the present state of the question. In the meantime it is expected that the sub- 
ject will be brought to the consideration of Parliament by the opposition in such 
a form as to compel the government to the adoption of a less equivocal line of 
policy. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRAXCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



3Ir. Seicard to Mr. Adains. 



No. 204.] Department of State, 

Washington, March 10, 1862. 

Sir : Yoiu- despatch of February 14 (Xo. 115) has been received. 

The discussion of the intervention of the allies in ]\Iexico which it contains 
has been found of great value. 

I have already furnished you with full accounts of what this government has 
done in regard to it. Your own sagacity will enable you to discern the spirit 
in which we are acting upon that important subject. 

Probably the great change that has occurred in the aspect of affairs here will 
not be without its beneficial influence in Mexico as well as in Europe. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., ^r., S^v., S^v. 



Mr. Sctvard to Mr. Dai/ ton. 



No. 49.1 DepaHtment of State, 

Washington, Sc])temhcr 2, 1861. 

Sir : I have to invite your attention to the enclosed copy of a despatch of 
the 24th ultimo, addressed by this department to the minister of the United 
States at Mexico, relative to the present state of affairs in that country. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., 4^^^., 4^-., &f<c. 



THE PRESENT CONDITION OF MEXICO. 211 



Mr. Dayton to Mr. Seward. 

No. 49.] Paris, September 25, 1861. 

Sir : Despatches 49, 51, 52, 53, 54, and 55 were received yesterday, and 
their contents respectively noted. 

I will, at the earliest opportunity, consult Avith the present minister at this 
court from Mexico, with a view to some concert of action in reference to the 
proposition in despatch 49. 

Without some understanding with hiin as to the views of the Mexican gov- 
ernment, it is not probable much can be accomplished. 
With much respect, I am your obedient servant, 

WM. L. DAYTON. 
His Excellency William H. Seward, 

Secretary of State. 



Mr. Seivard to Mr. Dayton. 

Department of State, 

Washington, October 11, 1861. 
Sir : Your despatch of September 25 (Xo. 49) has just been received. 
I transmit herewith a copy of my despatch No. 99 to Mr. Adams, relating to 
the impending designs of Spain, France, and Great Britain in regard to Mexico. 
You will please regard those instructions as addressed to yourself. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., S^'., Sfx.., Sfc. 



Mr. Dayton to Mr. Seward. 



No. 51.] Paris, September 27, 1861. 

Sir : Immediately after the receipt of yours in respect to the assumption by 
the United States of the interest at three per cent, on the debt due to the 
Mexican bondholders, I sought an interview with Mr. Fuentes, the minister who 
represents the present government of Mexico at Paris. Of course I was not 
ignorant of the condition of the diplomatic relations between France and Mexico, 
yet I felt that the aid of the Mexican minister might, in a certain event, be of 
service. I found him not only willing but anxious to co-operate with me in 
bringing about any ai'rangement which would relieve his unfortunate country 
from the threatened interference by England and France. His own interviews 
with Mr. Thouvenel had not been attended with any favorable result. I 
addressed a note to Mr. Thouvenel on the 25th soliciting an interview, which 
was promptly granted for the 27tli. I have just returned from that interview. 
]\Ir. Thouvenel was already in possession of your proposition, made, he said, to 
Lord Lyons, in the absence of Mr. Mercier, and which he represented as sub- 
stantially the same as that now presented by me. He gave me no reason 
to suppose the proposition would be accepted, but the contrary. He said you 
had not understood the character of the French claims, and that your propo- 
sition did not cover them at all. That those claims were not drawing interest 
as ajimded debt, but the capital (25 to 30 millions of francs) was to be paid. 
This they intended to collect by taking possession of the ports of Vera Oruz 



212 THE PKESENT CONDITION OF MEXICO, 

and Tampico, and appropriating certain portions of tlie revenue to the payment 
of tlie capital of tlie debt, and the balance of the revenue, as I understood, was 
to go to the support of the government. 

This Avas the plan intimated, though I think he said it was not definitely 
agreed upon. I told him that the government of the United States feared the 
complications to which this might lead, and was desirous that Mexico should 
remain an independent power on our continent. That we should view "SAatli great 
anxiety any course of action upon the part of foreign powers Avhich looked to 
its extinction. He answered somewhat pointedly that, so far as he could judge 
from the past, its danger of extinction had been rather from the United States 
than elscAvhere, to Avhich, I am constrained to say, I made no very satisfactory 
reply. I told him, howeA'er, that the question now Avas of the future, not of the 
past. I said to him, further, that it seemed to me that if these foreign poAvers 
seized upon the revenues of Mexico, although no other forcible action Avas taken 
against her, that the government must, of necessity, fall to pieces ; it could not 
exist Avithout adequate means for its administration. To this he ansAvei'ed, tbat 
perhaps Mexico might find herself in the condition of China, the authorities of 
Avhich, not long since, returned thanks to England and France for the share of 
revenue they allowed from certain ports in their possession, Avhich was greater, 
as the au.thorities said, than they had cA^er received before. He assured me, 
however, that AA^hatever England and France might do, it Avould be done in 
reference to realizing their money debt only, and that they had no purpose 
whateA^er to obtain any foothold in Mexico, or to occupy permanently any portion 
of its territory. He repeated this Avith emphasis. He furthemiore stated, 
explicitly, that should Spain come in, as one of the poAvers acting in concert 
with France and England, for her claims, it Avould be AAdth a distinct under- 
standing that she, too, should not attempt to hold any part of the territory. I 
was somcAvhat particular in my inquiiies upon this point, because I could not 
forbear the belief that Spain might look to a reassertion of her former rule over 
Mexico or some part of it. 

Mr. ThouA-enel said if I chose to put my proposition in AATiting he would 
examine it Avith care, and gi\'e me a Avritten ansAver. I told him, howcA-er, as 
the proposition had already been commimicated by Lord Lyons, and Avas dis- 
tinctly understood, I did not think it necessary at present to go further. I 
may do so after conferring by letter Avith Mr. Adams, and ascertaining Avhat are 
the dispositions manifested in England in reference to this offer. The amount 
of the Mexican debt held in England is so much larger than in France that 
perhaps (if the debt is all they seek) the proposition A\dll be more taA-orably 
receiA'ed there than here. If such should be so, I will then again present it 
formally to the French government, and, perhaps, Avith better prospects of 
success. I cannot but feel, hoAvcA-er, that all these goA'ernments are disposed to 
take adA'antage of the present distracted condition of the United States. Should 
rebellion at an early day be suppressed, and leaA'e iis with a large and disciplined 
army on foot, and a naA-y increased, different dispositions may develop them- 
seh^es. But I liaA'e no Avish to comment upon this a^cav of the question. 

With much respect I have the honor to be, respectfully, your obedient 
servant, 

WM. L. DAYTON. 

His Excellency Wm. H. Seward, 

Secretary of State, &e. 



THE PRESENT CONDITION OF MEXICO. 



Mr. Setvard to Mr. Dayton. 

No. 68.] Department op State, 

Washington, October 19, 1861. 

Sir: Yoxir despatcli of September 27, No. 51, was duly received. Your 
proceedings on the subject of the controversy between France and Mexico, and 
the tender you had been instructed to make on the part of this government, are 
entirely satisfactory. I learn from Mr. Adams that the British government and 
the French intend to make a counter proposition to the United States. 
I am, sir, your obedient servant, 

AVILLIAM H. SEWARD. 
William L. Dayton, Esq., S^., Sfc., 8pc. 



Mr. Dayton to Mr. Seward. 
[Extract ] 



No. 74.] 

Paris, November 6, 1861. 

Sir: Your despatch No. 67, enclosing a copy of your despatch (No. 99) to 
Mr. Adams in reference to the affairs of France, Great Britain, and Spain, and 
Mexico, was duly received ; but the matter Avas matured by the three govern- 
ments first named before the arrival of this despatch, and was consummated by 
treaty on the 3 1st of October last. Had it come earlier, however, it woiild have been 
useless to solicit the kind offices of France with Spain when she wholly declined 
an acceptance of our propositions in reference to her own claims. Indeed, it 
seemed to me as if she had no disposition to have them settled by us. Steamers 
sail next Monday for the West Indies, where troops will be taken on board for 
the expedition. There will be quite an imposing fleet which these allies will 
have in the Gulf, as nmch, I fear, to watch the condition of things in our own 
country as to look after Mexico. But as the treaty has been, or immediately 
will be, sent over to you, with an invitation (somewhat late, as I told Mr. 
Thouvenel,) for the United States to participate, it is needless for me to dwell 
upon details. The French fleet, consisting, if I understood aright, of one large 
vessel-of-war, four frigates, two gunboats, and four advice boats, (small tenders,) 
will sail for the West Indies on Monday next to take troops, principally Spanish, 
I presume, from Cuba, and expect to reach Vera Cruz about the 25th of this 
month. Mr. Thouvenel said the United States had "griefs" to settle with 
Mexico as well as they. I availed myself of the occasion to say that I was 
happy that it was thought at least due to the United States that we should have 
an invitation (though somewhat late) to join in the expedition if we chose. I 
further told him I had been informed that it was a long time since suggested by 
Spain and Great Britain that the United States should be taken into conference 
on this subject, but that France had objected. He answered that this was not 
so, but it was directly the contrary ; that France had first made the proposi- 
tion as early as August last, as her correspondence with the British government 
would show. ******** 

With much respect, I have the honor to be your obedient servant, 

WILLIAM L. DAYTON. 

His Excellency William H. Seward, ^c, S^., S^. 



214 THE PEESENT CONDITION OF MEXICO. 

Mr. Dayton to Mr. Seward. 

[Extract.] 

Xo. 62.] Paris, October 16, 1861. 

Sir : Despatches Nos. 59, 60, 61, and 62 are duly received, and contents noted. 

Despatch No. 60 appUes to affairs between England, France, and Mexico. 
Immediately i;pon the receipt of yonr despatch No. 49, enclosing a copy of that 
which had been sent to Mr. Corwin, (which, I infen-ed, you intended should be 
acted upon by Mr. Adams and myself without further instructions,) I applied 
to Mr. Thouvenel for an interview. My despatch to you of the 27th of Septem- 
ber last gives the result of that interview, and anticipates therefore the action 
required of me in your despatch No. 60. Mr. Thouvenel's statement of the 
purpose of the proposed action on the part of England and France towards 
Mexico was full and explicit, so far as the same had been vmderstood or agreed 
upon between England and France. 

Mr. Schurz, at Madrid, is satisfied that there is to be an attempt on the part 

of Spain to have one of the royal family of that country called upon by the 

people of Mexico to assume the throne. It is to be a call of the people of the 

same nature and got up in the same way as in the case of St. Domingo ! But 

he has doubtless given you all information on this point. At his urgent request 

I have given him the infonnation as to the contemplated action of England and 

France, which I received here. He was informed by Mr. Calderon that Great 

Britain and Spain were desirous of associating the United States Avith them on 

their proposed expedition to or against Mexico. 

******** 

With much respect I have the honor to be yoiu' obedient servant, 

WM. L. DAYTON. 
His Excellency William H. Seward, 

Secretary of State, Sfc., &c., Sfc. 



Mr. Seward to Mr. Dayton, 
[Extract.] 



No. 79.] Department of State, 

Washington, November 4, 1861. 
Sir : Your despatch of October 16 (No. 62) has been received. 
We cannot observe the proceedings in Spain, France, and Great Britain in 
regard to Mexico without deep concern. But their effects upon our own interests 
are likely to be only incidental. 

******** 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., c^r., Sfc., S^. 



THE PRESENT CONDITION OF MEXICO. 215 

Mr. Seward to Mr. Dayton. 

[Extract.] 

']^o. 85.] Department of State, 

Washington, November 23, 1861. 

Mr. Mercier lias just informally announced to us tlie execiition of the conven- 
tion between Spain, France, and Great Britain. We therefore have the subject 
under consideration. 

I am, sir, yovir obedient servant. 



WILLIAM H. SEWARD. 



Will r AM L. DaytOxN, Esq., Si^c, S^c., &fc. 



Mr. Dayton to Mr. Seward. 
[Extract.] 
No. 75.J Paris, November 7, 1861. 

Your despatch No. 68 informs me of Mr. Adams's communication of an 
intended counter proposition to be made by England and France to our govern- 
ment in respect to Mexican affairs. Of this I had heard before, and it made 
me less anxious as to the question here ; for the foct that a counter proposition 
was to be made and ansAvered Avould of necessity, as I thought, occupy time, 
and give the United States a chance for reflection and, perhaps, action. The 
prompt consummation of this matter in London has rather taken me by surprise. 
I fear that some misunderstanding of each other's meaning may have occurred 
xipon the part of Mr. Adams and Earl Russell, or one of them. At all events, 
a point has been reached at a much earlier day than an intimation of such 
intended proposition led me to anticipate. 

I am, sir, Avith respect, your obedient servant, 

WM. L. DAYTON. 

His Excellency William H. Seavard, 4*^., ^v., S^v. 



Mr. Seward to Mr. Dayton. 



No. 92.] Department of State, 

WasJiington, December 18, 1861. 

Sir : I transmit for your infoimation the copy of a note of the 4th instant, 
addressed by me to the diplomatic representatives of Spain, France, and Great 
Britain, accredited to this government, relative to the proposed accession of the 
United States to the convention, Avhich Avas concluded at London on the 31st of 
October last between those poAvers, for the redress of their grievances against 
the republic of Mexico. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., ^-c, i^c, S^-c. 



216 THE PEESENT CONDITION OF MEXICO. 

Mr. Dayton to Mr. Seward. 

[Extract.] 

No. 103.] Paris, January 15, 1862. 

Sir : I have the honor to acknowledge the receipt of your despatch Xo. 92 
with the copy of a note addressed to the representatives of Spain, France, and 
Great Britain, accredited to the government of the United States. 

********** 

I have the honor to be, sir, your obedient servant, 

WM. L. DAYTON. 
His Excellency Williaim H. Seward, 

Secretary of State, ^c, &fc., &fc. 



Mr. Dayton to Mr. Seicard. 
[Extract.] 



No. 113.] Paris, February 13, 1862. 

gijj. ********* 

I am not surprised to hear that more difficulty to the parties allied against 
Mexico is likely to arise than was contemplated. If serious resistance is made, 
it is not improbable that France may send out an increased force, and at an 
early day. It is now believed that her purposes, as respects the future of Mexico, 
conflict with those of Spain, and that each of these powers has a special object 
of its own to answer. 
********** 

"With much respect, your obedient servant, 

WM. L. DAYTON. 
His Excellency William H. Seward, 

Secretary of State, 6fc., Sfc,, ^c. 



Mr. Seward to Mr. Dayton. 



No. 121.] Department of State, 

Washington, March 3, 1862. 

Sir : We observe indications of a growing opinion in Europe that the demon- 
strations which are being made by Spanish, French, and British forces against 
Mexico are likely to be attended with a revolution in that country, which will 
bring in a monarchical government there, in which the crown will be assumed by 
some foreign prince. This country is deeply concerned in the peace of nations, 
and aims to be loyal at the same time in all its relations as well to the allies as 
to Mexico. The President has, therefore, instructed mc to submit his views on 
the new aspect of afiairs to the parties concerned. 

He has relied upon the assurances given to this government by the allies tliat 
they were seeking no political objects, and only a redress of grievances. He 
does not doubt the sincerity of the allies, aiul his confidence in their good faith, 
if it could be shaken, would be reinspired by explanations apjjarently made iu 
their behalf, that the governments of Spain, France, and Great Britain are not 
intending to intervene, and will not intervene to effect a change of the constitu- 



THE PRESENT CONDITION OF MEXICO. 217 

tional form of gorernment now existing in Mexico, or to produce any political 
cliange tliere in opposition to the will of the Mexican people. Indeed, he un- 
derstands the allies to be unanimous in declaring that the proposed revolution 
in Mexico is moved only by Mexican citizens now in Europe. 

The President, however, deems it his duty to express to the allies, in all can- 
dor and frankness, the opinion that no monarchical government which could be 
founded in Mexico, in the presence of foreign navies and annies in the waters 
and upon the soil of Mexico, would have any prospect of security or perma- 
nence. Secondly, that the instability of such a monarchy there would be en- 
hanced if the throne should be assigned to any person not of Mexican nativity. 
That, under such circumstances, the new government must speedily fall, unless 
it could draw into its support European alliances which, relating back to the 
first invasion, would, in fact, make it the beginning of a pennanent policy of 
armed European monarchical intervention, injurious and practically hostile to 
the most general system of government prevailing on the continent of America, 
and this would be the beginning rather than the ending of revolution in Mexico. 

These views are grounded upon some knowledge of the political sentiments 
and habits of society in America. 

In such a case it is not to be doubted that the permanent interests and sym- 
patliies of this country Avould be with the othe«r American republics. 

It is not intended, on this occasion, to predict the course of events Avhich 
might happen as a consequence of the proceeding contemplated, either on this 
continent or in Europe. It is sufficient to say that, in the President's opinion, 
the emancipation of this continent from European control has been the princi- 
pal feature in its history during the last century. It is not probable that a revo- 
lution in a contrary direction would be successful in an immediately succeeding 
centiny, while population in America is so rapidly increasing, resources so 
rapidly developing, and society so steadily forming itself upon principles of de- 
mocratic American government. Nor is it necessary to suggest to the allies the 
improbability that European nations could steadily agree upon a policy favor- 
able to such a counter revolution as one conducive to their own interests. I will 
only remark that, however studiously the allies mhj act to avoid lending the aid 
of their land and naval forces to domestic revolutions in Mexico, the result would, 
nevertheless, be traceable to the presence of those forces there, although for a 
different purpose, since it may be deemed certain that, but for their presence 
there, no such revolution could probably have been attempted or even conceived. 

The Senate of the United States has not indeed given its official sanction to 
the precise measures Avhich the President has proposed for lending our aid to 
the existing government in Mexico, Avith the approval of the allies, to relieve it 
from its present embarrassments. This, however, is only a question of domestic 
administration. It would be very erroneous to regard such a disagreement as 
indicating any serious difference of opinion in this government or among the 
American people in their cordial good wishes for the safety, welfare, and sta- 
bility of the republican system of government in that country. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., Sfc, Sfc., 8fc. 



Mr. Sewa?-d to Mr. Dayto7i. 



No. 126.] Department op State, 

Washington, March 10, 1862. 

Sir: Your despatch of February 21 has been received. We are giving 
careful attention to affairs in Mexico. Whatever political designs may have 



218 THE PRESENT COXDITIOX OF MEXICO. 

found place, though disclaimecl among the motives assigned for the expedition 
to that country, they seem likely to fail through three causes — want of agree- 
ment among the parties intervening, unlooked for resistance on the part of 
Mexico, and the changed aspect of public affairs in the United States. 
I am, sii', your obedient servant, 

WILLIAM H. SEWAED. 
William L. Davton, Escj., Sfc, 5fc , 4"c- 



Mr. Seward to Mr. Dayton. 



No. 135.] Department of State, 

Washington, March 31, 1862. 

Sir : I transmit extracts* from a despatch lately received from our very intel- 
ligent consul at Havana, which will direct your attention to the operations of 
the French government in Mexico. 

We have acted with moderation and with good faith towards the three powers 
which in-vited our co-operation in their combined expedition to that disturbed 
and unhappy country. We have relied upon their disclaimers of all political 
designs against the Mexican republic. But we cannot shut out from our sight 
the indications which, unexplained, are calculated to induce a belief that the 
government of France has lent favoring attention to Mexican emissaries, who 
have proposed to subvert the republican American system in Mexico and to 
import into that country a throne, and even a monarch from Europe. 

You will intimate to Mr. Thouvenel that rumors of this kind have reached 
the President and awakened some anxiety on his part. You will say that you 
are not authorized to ask explanations, but you are sure that if any can be made, 
which Avill be calculated to relieve that anxiety, they will be very welcome, in- 
somuch as the United States desire nothing so much as to maintain a good 
understanding and the most- cordial relations with the government and the 
people of France. 

It will hardly be necessary to do more in assigning your reasons for this pro- 
ceeding on your part than to say that we have more than once, and with perfect 
distinctness and candor, informed all the parties to the alliance that we cannot 
look Avith indifference upon any armed European intervention for political ends 
in a country situated so near and connected with us so closely as Mexico. 
I am, sir, your obedient servant. 



William L, Dayton, Esq., ifc., S^c, Sfc. 



WILLIAM H. SEWARD. 



Mr. Dayton to Mr. Scivard. 
[Extract.] 
No. 131.] Paris, March 31, 1862. 

"I then referred Mr. Thouvenel to your despatch. No. 121, in reference to 
the action of the allies towards Mexico. He said France could do no more than 
she had already done, and that was to reassure us of her purpose not to inter- 
fere in any way with the internal government of Mexico. That their sole pur- 

<> Ihese extracts, being of a confidential character, are reserved. 



THE PRESENT CONDITION OF MEXICO. 219 

pose was to obtain payment of their claims, and reparation for tlie wrongs and 
iiijuries done to them. 

" I stated, in reply, that the President reposed entire confidence in these 
assurances, but, feeling great interest in the wellbeing of Mexico and its insti- 
tutions, he felt that the occasion justified the expression of some general views 
in reference to the present and probable future of that country. To prevent 
misapprehension as to these views, I informed him that, although your despatch 
did not authorize me to give a copy, yet I would leave it in his hands to be 
read. This was accordingly done." 

I am, sir, your obedient servant, 

WM. L. DAYTON. 



Mr. ScJiurz to Mr. Seward. 



No. 15.J Legation of the UiviTED States, 

San Ildefonso, September 7, 1S61. 

Sl-R : Yesterday's papers, which reached us this morning, were filled with ar- 
ticles discussing the probability of an intervention of France and England in 
Mexico, and urging the Spanish government to join the two great powers in the 
enterprise. The tone of the ministerial journals led me to believe that an un- 
derstanding had already been arrived at between those three governments, and 
I immediately called upon Mr. Calderon Collantes for the purpose of ascertain- 
ing what had been done and what was in contemplation. 

I opened the conversation by referring to the above-mentioned newspaper ar- 
ticles and adding, that in everything that happened in Mexico, a state contigu- 
ous to our frontiers, the United States had a natural interest, and that it was a 
legitimate desire on our part to be informed of the plans which foreign powers 
might entertain with relation to that republic. As to the present case I had no 
instructions, nor even an expression of opinion from my government, but I ad- 
dressed myself of my own motion to her Majesty's secretary of state, hoping 
that, in a matter of such importance, her Majesty's government would, Avith its 
accustomed frankness, communicate its intentions to a power as interested and at 
the same time as friendly as the United States. I desired to know whether an 
unde'rstanding had been arrived at between Spain, France, and England, as to an 
intervention in Mexico, and what were the objects of that intervention. 

Mr. Calderon replied that he had no information as to the intentions of Eng- 
land and France, except from newspaper statements, and that neither her Ma- 
jesty's representatives near the courts of France and England, nor the French 
and English legations here, had communicated with him on the subject. He 
was, however, bound to say that the present government of Mexico had given 
her Catholic Majesty's government just cause to complain. It had driven her 
Majesty's ambassador from the city of Mexico on groundless pretexts, and 
openly refused to fulfil treaty obligations solemnly stipulated by the preceding 
government of the Mexican republic. Spain was therefore amply justified in 
resorting to warlike measures for the redress of these grievances, but she had 
forborne so long in order not to expose herself to the imputation of interfering 
in favor of one of the political parties existing in the Mexican republic. It was, 
indeed; most desirable that the institutions of Mexico should be placed upon a 
solid and permanent basis, and that a government be established which might 
be relied upon to fulfil its tj-eaty obligations and to do justice to foreigni powers. 

But it had always been a ruling principal with her Majesty's government not 
to interfere with the internal affairs of any state or nation. As to France and 
England he was inclined to think that they would act promptly and vigorously, 



220 THE PRESENT CONDITION OF MEXICO. 

and in tliat case it -wonld be impossible for Spain to remain idle. If, however, 
Spain did take part in tins intervention, it would be solely for the redress of her 
grievances, and not for the purpose of imposing new institutions upon the Mexi- 
can people against their own Avill. 

I then gave Mr. Calderon to understand that enterprises like this, if under- 
taken without an understanding among all parties interested, Avere apt to lead to 
serious misunderstandings and difficulties, and he replied the European powers 
engaged in this matter, well knowing the interest the United States take in 
everything that concerns Mexico, Avould endeavor to come to an agreement 
(se mettre d'accord) with the United States government, and at all events, as 
far as Spain Avas concerned, Ave might rely upon her frankness and loyalty. 

A large majority of the journals I have seen express themseh-es in faA'or of 
the measure, and I am inclined to think the Avar, if undertaken, Avill be popular 
with the Spanish people. 

I am, sir, Avith great respect, your obedient servant, 

C. SCHURZ. 

Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Schurz to Mr. Seward. 



No. 17.] Legation of the United States, 

San Ildefonso, September 14, 1861. 

Sir : On reading my despatch. No. 15, containing a report of my conversa- 
tion with Mr. Calderon Collantes on the subject of Mexican affairs to this gen- 
tleman, he requests me to state to you a little more explicitly that his language 
in respect to endeavoring to come to an understanding Avith the United States 
must be understood as having reference only to the case that Spain, in con- 
nexion with France and England, should at any time conceiA-e the project of 
interfering with the internal affairs and governmental instructions of that 
republic, in AA^hich case she Avould endeaA'or to come to an understanding on 
this subject with the United States. But she (Spain) claims and reserA'es the 
right to keep peace or to go to Avar Avith Mexico for the redress of her oaa^u 
grievances, Avithout any preAdous understanding Avith the goA-ernment of the 
United States ; our government having been already informed, since the time 
of Mr. Dodge, that Spain had gricA^ances to settle Avith Mexico Avhich might 
make anned hostilities against that republic necessary. But that Spain, if these 
were undertaken, would go to that country solely Avith the object of redressing 
these grievances, and Avith no idea of conquest or forcibly changing the fonn of 
gOA'ernment there established. 

I am, sir, Avith great respect, yoxu* obedient serA'ant, 

C. SCHURZ. 
Hon. WiLLiA.Ai H. Seward, 

Secretary of State, Washingtoii. 



Mr. Seward to Mr. Schurz. 



No. 37.] 1)epartme.\t of State, 

Washington, October 14, 1861. 
Sir : The attitudes which Spain, France, and Great Britain are assuming 
toAvards Mexico have excited a very deep interest on the part of the United 



THE PRESENT CONDITION OF MEXICO. 221 

States. You haA^e given us what information you possess on the subject in 
your despatches Nos. 15, 16, and 17. Nevertheless, the objects and the character 
of the hostilities which Spain meditates against Mexico are only very imperfectly 
understood by us, though we do not doubt the entire frankness of the Spanish 
government in the communications it has made to you. We can well enough 
imagine that the Spanish government had not matured its own plans at the 
time when the conversations relating to them occurred between Mr. Calderon 
Oollantes and yourself, and it seems still more probable that those plans might 
receive modifications at any time upon ascertaining the purposes and views of 
Great Britain and France in regard to expeditions of their own against Mexico. 

I proceed, in the midst of this uncertainty, to give you the views and senti- 
ments of the United States in regard to the expeditions in question, that you 
may make them known to Mr. Calderon CoUantes. 

The United States desire to be distinctly understood as deeming the freedom, 
integrity, and independence of Mexico important to the welfare of the Mexican 
people. 

The United States, by reason of their position as a neighbor of Mexico, and 
the republican fonn of their constitution, similar to that of Mexico, deem it im- 
portant to then- own safety and welfare that no European or other foreign power 
shall subjugate that country and hold it as a conquest, establishing there a gov- 
ernment of whatever form, independent of the voluntary choice of its people. 

The United States, however, do not question the right of Spain, or of France, 
or Great Britain, to levy war against Mexico for the redress of injuries sustained 
by the invading state, and of the justice of the war such state may rightfully 
judge for herself. 

Fourthly. The United States do not question the right of the invading states 
to combine as allies. 

The United States having had some reason to suppose that the ground of the 
hostilities which Great Britain and France are preparing to institute agamst 
Mexico is the sequesti-ation of the commercial revenues of that country, which 
had been pledged to the payment of the interest due upon bonds of the Mexican 
government held by subjects of Great Britain and France, have made overtures 
to those two powers and to Mexico, to relieve the controversy by assuming the 
payment of the interest on those bonds for a tenn of years. Thus far we have 
no answer from either party to that proposition. 

We do not vmderstand the grievances which Spain alleges against Mexico 
well enough to enable us to make any direct overtures to Spain in behalf of 
Mexico or to Mexico herself; but you will take an early opportunity to read 
this despatch to Mr. Calderon Collantes, whereby he may be assured of our 
desire, with the consent of the parties, to intervene Avith the tender of our good 
offices, and to express a willingness, but in no case without such assent, to 
assume some responsibility and incur some sacrifice to avert the necessity of a 
Avar betAveen tAvo nations, both of Avhich, Ave trust, in common with the United 
States, would desire to remain at peace if they could do so consistently with 
their OAvn conAictions of honor and justice. 

The declarations made by Mr. Calderon Collantes to you, as you have, with 
his consent, reported them to us, that if Spain should agree to enter into any 
arrangements Avith Great Britain and France, concerning any proceedings against 
Mexico, Avhich might affect the political organization of that republic, she Avould 
seasonably consult us upon the subject; and that if she shall determine to pro- 
ceed alone against Mexico, she Avill do so only to obtain a redress of grievances 
Avithout any purpose or end of conquest, or of affecting the political relations of 
Mexico, are satisfactory to the President on the points thus presented, while 
they, at the same time, induce us to hope that the proposition, Avhich on our 
behalf is now submitted, will be received in the friendly spirit in which it is 
made. 



222 THE PRESENT CONDITION OF MEXICO. 

I will add ouly that in any case, Avhetlier Spain shall proceed alone or in con- 
junction with other powers in her hostilities to ^lexico, on account of the near- 
ness of that country to our oa\ti, we shall expect the utmost care to be taken on 
her part that no rights of American citizens in Mexico, nor any rights of this 
government in territories contiguous to the seat of Avar, shall be disturbed or 
affected. With that view we shall always have a naval force near the scene 
of possible conflict. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., i^c, ^v., ^c. 



Mr. Seivard to Mr. Schur:. 



Ko. 38.] Department of State, 

Washington, October 14, 1861. 

Sir: Your despatches of September 20, No. 20, and of September 21, No. 21, 
have just been received. I have anticipated the subject in a communication which 
will go eimultaneously with this acknowledgment. I forbear from giving you 
the information of the proceedings in Great Britain, on the subject of affairs in 
Mexico, which I have received, because you are nearer London, and are prob- 
ably at all times earlier informed of what occurs there than this government is. 
I am, sir, your obedient servant, 



WILLIAM H. SEWARD. 



Carl Schurz, Esq., S^v., ^r., &^x. 



Mr. Schurz to Mr. Seward. 



No. 26.] Legation of the United States, 

Madrid, Octohcr, 4, 1861. 

Sir : The negotiations between England, France, and Spain, relative to the 
expedition against Mexico, have not led to any positive result so far, and it 
appears somewhat doubtful Avhether they ever will. What I learn about them, 
through the public papers, and through my channels of private information, 
seems to confirm the correctness of the views I expressed in my despatch No. 
.21. As I predicted, England, desiring to limit the expedition to a mere collec- 
tion of port duties, stands on one, and France and Spain, having fui-ther objects 
in view, on the other side. I had a conversation with Sir John Crampton to- 
day, in the course of which he assured me that he had no doubt England would 
firmly maintain the ground she had taken, and peremptorily refuse to engage in 
any enterprise beyond a mere redress of grievances. The semi-official journals 
of ^liidrid are declaiming fiercely against the selfish and narrow-minded policy 
advocated by the English press. 

England, it seems, demands that, while the negotiations are going on, Spain 
shall suspend her preparations for the expedition. The ministerial papers have 
alternately stated that this request would be acceded to, and that the prepara- 
tions would be pushed on with the utmost vigor. I am infonned to-day, in a 
private way, that orders have been sent to the captain general of Cuba to sus- 
pend ojierations, and to delay the sending of agents into the ^lexican territory 
until otherwise directed. But I am inclined to think, whatever she may be 
obliged to do at present to please her allies, she will not abandon her projects unlesa 



THE PRESENT CONDITION OF MEXICO. 223 

great changes at home should modify the character of her government. At all 
events, I would suggest to you that it will be necessary to watch her movements 
in the western hemisphere as closely as possible. 

I am informed that Miramon, who has been living at Paris for some time, is 
shortly expected here. There can hardly be any doubt as to what he will com© 
for. 

I have solicited an interview with Mr. Calderon for the purpose of question- 
ing him as to the plan the Spanish government means to carry out in Mexico. 
I shall send my report by next mail. 

I am, sir, your obedient servant, 

C. SCHURZ. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Schurz to Mr. Seward. 



No. 27.1 Legation of the Umted States, 

Madrid, October 9, 1861. 

Sir : Yesterday I had a conversation with Mr. Calderon Collantes, of which 
I will give you the principal points. I do not deem it necessary to write out a 
full report, partly because it was of a rather desultory character, and partly be- 
cause we shall have to go over the same ground again, and then in a more 
formal manner, as soon as your despatch, No. 30, vn.t\\ accompanying documents, 
of which I have, to my great surprise, received notice through Mr. Calderon, 
will be in my hands. 

I reminded Mr. Calderon of our conversation at St. Ildefonso concerning the 
intervention of Spain in Mexico, and added that, as it now seemed to be gener- 
ally conceded that Spain intended to go beyond a mere redress of grievances, I 
desired to be informed by him what the plans of the Spanish government were. 
The government of the United States had a right to expect that no friendly 
power would undertake to effect important changes in a country bordering on 
the United States without consulting the government at Washington. 

Mr. Calderon assured me that Spain intended nothing but to obtain satisfac- 
tion for the wrongs inflicted upon her by Mexico ; that it was, indeed, very de- 
sirable that a solid government should be established there capable of giving 
guarantees for future good behavior, but that their internal arrangements should 
be left to the free choice of the Mexican people. On this point he confined 
himself to the assurances given me at San Ildefonso, and I may add that I give 
to those assurances the same interpretation. 

I questioned him as to the progress of the negotiation between Spain, France, 
and England, and he replied that these negotiations had not yet come to a close ; 
that Spain would wait a reasonable time, and that if within that time no agree- 
ment on a plan of joint action had been arrived at, Spain would act alone ; that 
meanwhile orders had been sent to the captain general of Cuba to suspend, or 
rather not to commence, active operations, but that the preparations for the ex- 
pedition were carried on with great activity, thus confirming the report I gave 
you in my despatch No. 26. 

I asked him whether Spain intended to disembark troops and to operate in 
the interior of the Mexican republic. He replied that this was a military matter,, 
of which he knew nothing. (There is, however, no doubt that such is the plan 
of the government.) He added that England had made the proposition to invite 
the United States to take part in the enterprise, and that Spain had seconded 
the proposition. He intimated that France was not in favor of it, and I doubt 



224 THE PEESENT CONDITION OF MEaICO. 

wlietlier Spain is sincerely so. I addressed a letter to Mr. Dayton, informing 
him of this circumstance, and suggesting- the propriety of speaking to Mr. Thou- 
venel about it. 

The only comment I have to oflPer on Mr. Calderon's remarks is, that I deem 
the utmost vigilance on the part of the United States in the direction indicated 
in my despatch. No. 22, as necessary as ever, although the resistance offered by 
England may have rendered the execution of the plans entertained by the court 
of Spain more difficult than was at first anticipated. A skilful intrigue in 
Mexico, successfully carried through, might still render the Spanish government 
master of the situation. 

The preparations for the expedition are not carried on as rapidly as was ex- 
pected. The frigates Leattaci and Concepcion, which were to have sailed on 
October 1, are now announced to sail on October 13. 

I am, sir, with the greatest respect, your obedient servant, 

C. SCHUEZ. 

Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seward to Mr. Schurz. 



No. 42.] Department of State, 

Washington, October 28, 1861. 
Sir : Your despatch of October 4, No. 26, has been received. 
The information which it gives us concerning the progi-ess of the movement 
from Spain against Mexico is important as well as interesting. But it seems 
proper to reserve instructions until the result of your expected interview with 
Mr. Calderon Collantes shall be known here. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Carl Schurz, Esq., &^t., S^r., &fc. 



Mr. Schurz to Mr. Seward. 



No. 29.] Legation of the United States, 

Madrid, October 15, 1861. 

Sir : General Miramon, ex-president of the Mexican republic, arrived here a 
few days ago, accompanied by his family and a few Mexicans. I have endeavored 
to leani as nuich as possible about his movements and plans, and ascertained the 
following: 

Mu-amon has had interviews Avith ]Mr. Calderon Collantes, General Narvaez, 
and several prominent statesmen, and it is very ])robable that there exists an 
understanding between him and the Spanish government. 

In two or three days he will leave Madrid for Cadiz, and sail thence, as he 
and his friends say, directly for JNEexico. He professes to be in great haste, and 
conversations between him and his friends, Avhicli have been reported to me, put 
it beyond a doubt that the object of his voyage is a political one. What lliis 
object is I have not been able to ascertain, lie expresses himself frankly about 
the, impossibility of maintaining a republic in Mexico, and says that it will be 
necessary to adopt another fonn of government. His idea is, that a constituent 
congress shall be convoked for the purpose of voting a constitutional monarchy 



THE PRESENT CONDITION OF MEXICO. 225 

and electing a king. This agrees with a plan which is now extensively discussed 
in the Spanish press. 

It may be the policy of the Spanish government to avail itself of Miramon in 
Mexico, as it availed itself of Sautana in San Domingo, although for a different 
object. The ministerial journals continue to indulge in high sounding declama- 
tions about the "mission of Spain" in Mexico, and some of them in bitter in- 
vectives against England. 

I am, sir, your obedient servant, 

0. SOHURZ. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Schurz to Mr. Seward. 



No. 36.] Legation of the United States, 

Madrid, November 3, 1861. 

Sir : I have the honor to acknowledge the receipt of your despatches Nos. 35, 
36, 37, and 38. 

Immediately upon tlieir arrival, I called upon Mr. Calderon Collantes, and 
read to him your despatch No. 37. I hasten to write for to-day's mail a short 
account of the conversation which followed. 

Mr. Caldei'on expressed himself much gratified with the general tone of the 
despatch and the friendly intentions entertained by the government of the United 
States. He added that he had no knowledge of the proposition submitted by 
the United States to France and England. Spain was at present unable to en- 
tertain any offer of mediation between herself and Mexico; for the convention 
for joint action had just been signed by the representatives of the tln-ee powers, 
and Spain was not at liberiy to act alone. Moreover, she had declined a similar 
offer made to her by France and England at the time when her resolution to 
proceed to hostilities had been made public. The financial question pending 
between Spain and Mexico might indeed have been arranged by mediation, but 
the point of honor, and especially the question of the guarantees to be given by 
Mexico for the rights and security of Spanish subjects residing in that republic, 
could not be settled by any mediation. Spain could not be satisfied with any 
reparation of affronts suffered or any guarantees for the security of her subjects 
unless they came in a direct way from the Mexican government itself. 

I then endeavored, by putting questions and volunteering suggestions, to 
obtain from Mr. Calderon an explanation of the nature of the guarantees and 
reparations demanded by Spain, and of the manner in which they were to be 
obtained. 

I asked Mr. Calderon whether Spain would make any formal and distinct 
demands on Mexico, Mr. Calderon replied by recounting the history of the out- 
rages suffered by Spanish subjects at the hands of Mexicans and of the promises 
made by the Mexican government that the repetition of such outrages should be 
prevented. But the outrages had been repeated, again and again, and it was 
now the duty of Spain to see to it, that a state of things be estabhshed in Mexico 
which would afford sufficient protection and security to Spanish subjects. 

I asked in what way Spain expected to bring about such a state of things in 
Mexico, since it seemed tliat Spain did not consider the present government of 
that republic able to give sufficient guarantees. Mr. Calderon replied that Spain 
did not mean to impose a new government upon Mexico ; but that the appear- 
ance of the combined expedition in the Mexican waters, and the occupation of 
Vera Cruz and Tampico, would probably produce a moral effect sufficiently 

H. Ex. Doc. 100 15 



226 THE PEESEXT CONDITION OF MEXICO. 

gi'eat to induce the Mexican peoj)lc to rally aroimd some man of power and an- 
tliority capable of placing tlie government of that country upon a solid basis. 
It might, for instance, give new strength and a nc%v hnjndse to the conservative 
party in Mexico, and fnahic it to establish a strong govcrnvient. 

I interposed the question, whether it was true, as the newspapers stated, that 
the allied powers intended to procure the convocation of a kind of constitutional 
convention in Mexico, and to constitute, in this way, a new government. Mr. 
Calderon replied that this plan had been discussed by the three powers, but 
that it had been definitively rejected. 

I then asked in what Avay xSpain meant to obtain her guarantees, in case the 
appearance of the combined expedition in the Mexican waters should not pro- 
duce the anticipated moral effect on the Mexican people, Mr. Calderon replied, 
that the Spanish government had not fixed upon any definite plan of action to 
be carried out in that emergency. In general, the action of Spain would depend 
very much upon circumstances. Plenijjotentiaries would be sent out Avith the 
expedition, and they would receive powers ample enough to shape their action 
according to emergencies, 

I remarked that emergencies might arise which might render mediation be- 
tween the three powers and Mexico admissible on the spot, and I had no doubt 
that the government of the United States would extend the tender of its good 
oflices to such a case ; I asked, therefore, whether Spain would empower her pleni- 
potentiary to accept such tender on the spot, if thereby things could be satisfac- 
torily an'anged, and warlike measures aA'oided. 

Mr. Calderon replied that this would not depend itpon Spain alone ; that the 
three powers would act jointly in every case; and that, therefore, no mediation 
could be accepted, except by common consent. The instructions to be given to 
the plenipotentiaries had, however, not yet been determined upon, and the matter 
might be taken into consideration. Mr. Calderon informed me that the invita- 
tion addressed by the three powers to the United States to accede to this con- 
vention was probably already on its way across the Atlantic, and that a good 
understanding was desired and anticipated. He added that in no case would 
Spain force a ucav form of government upon the Mexican people, nor would she 
suffer any other power to do so. He would, in this respect, be satisfied Avith the 
choice of the Mexican people, and it Avas indifferent to her Avhether they would 
establish a monarchy or preserA'e a republican form of goA'ernment. 

Mr. Calderon informed me further that all the papers relating to this afiiiir 
would be submitted to the cortes, whose session Avill commence on the 8th instant, 
and that the policy of the government will be distinctly defined in the Queen's 
speech. * * * * * * * 

I am, sir, A'our obedient servant, 

C. SCHURZ. 

Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seacard to Mr. Schiirz. 



Xo. 48,] Departmkxt of State, 

Washington, Norefnbcr 9, 1861. 

Sir : Your despatch of October 15 (No. 29) has been received. It is very 
interesting, and tlie inlbrmation is conveys concerning tlie aspect of the Mexican 
question that presents itself to tlie public of Madrid is important. 
I am, sir, your obedient servant. 

WILLIAM H. SEAVARD. 
Carl Scm rz, Esq,, dc, dc, dc, Madrid. 



THE PRESENT CONDITION OF MEXICO. 227 



Mr. Schurz to Mr. Seward. 

No. 38.] Legation of the United States, 

Madrid, November 7, 1861. 

Sib : In my despatcli No. 29, dated October 15, I gave you some informa- 
tion concerning the movements of General Miramon. The statement tliat lie 
would sail for Mexico from Cadiz lias proved incorrect. He did, indeed, go to 
Cadiz with that intention, but for some reason, which I have not been able to 
ascertain, he returned to Madrid. Here he was received by Creneral O'Donnell, 
and several other jiublic men, with great distinction. He appeared publicly in 
O'Donnell's staff at the late iield manoeuvres of the garrison of Madrid. I am 
informed he will soon go to. Paris, and then sail for Mexico. That there is an 
understanding between him and the leading men of the Spanish government 
as to the object of the expedition against Mexico can hardly be doubted. 
I am, sir, your obedient servant, 



Hon. William H. Sewakd, 

Secretary of State, Washington, D. C. 



C. SCHURZ. 



Mr. Seward to Mr. Schurz. 



No. 51.] Department of State, 

Washhigton, November 11, 1861. 
Sir : Your despatch of September 27 (No. 22) has been received. I have 
already advised you to the extent of our knowledge concerning the intentions 
of France and Great Britain in regard to the Mexican question. Thus far, we 
have not any direct communication from the government of either of those coun- 
tries. It seems, therefore, only necessary for me to add, that the position you 
have taken upon that subject, as you have made it known to me, seems to be 
judicious and is approved. 

I am, sir, your obedient servant. 



WILLIAM H. SEWARD. 



Carl Schurz, Esq., ^c, Sfc, Sfc. 



Mr. Seward to Mr. Schurz. 



No. 5Q>.] Department of State, 

Washington, November 23, 1861. 

Sir : Your despatch of November 3 (No. 36) has been received. We are 
expecting daily direct communications from the Spanish, French, and British 
governments concerning their designs against Mexico. 

Your proceedings in the matter, and your conversation with Mr. Calderon 
Collantes upon it, were judicious, and the tone of his replies was frank and liberal. 

We wish a continuance of peace for Mexico only less than we desire a return 
of peace with union for ourselves. Without seeing just now what we can do 
to promote the former object, we shall persevere in our labors in that direction. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., <&c., &c., &c. 



228 THE PRESENT CONDITION OF MEXICO. 



Mr. Seward to Mr. Schurz. 

Xo. 59.] Department of State, 

Washington, December 6, 1861. 

Sir : Your despatch of the 7th of November, No. 38, has been duly received. 
The prudence and diligence which you have exercised in keeping us -well in- 
formed in regard to the subject of the policy of Spain towards Mexico are very 
highly appreciated. 

I am, sir, your obedient servant, 



WILLIAM H. SEWARD. 



Carl Schurz, Esq., &fc., S^., 4^. 



Mr. Seward to Mr. Schurz. 



No. 60.] Department of State, 

Washington, December 11, 1861. 

Sir: Your despatch of November 14 (No. 41) has been received. 

The light it throws upon the position of Spain, her sovereign, court, and 
general, in regard to Mexico, is exceedingly interesting, and I trust that we 
shall be able to make it useful. 

I am charged by the President to express his decided approbation of the 
paper. 

You will receive herewith a copy of my reply to the plenipotentiaries of the 
three powers on the subject of Mexico. We expect hourly to hear from Mr. 
Convin, when we shall be able, perhaps, to follow up the policy indicated m 
that communication. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., Sfc., Sfc., Sfc. 



THE PRESENT CONDITION OF MEXICO. 



229 



CORRESPONDENCE 

RESPECTING 



THE AFFAIES OF MEXICO 



PRESENTED TO BOTH HOUSES OF PARLIAMENT BY COMMAND OF HER MAJESTY.— 1862. 



TABLE OF CONTENTS. 



No. 



9 

10 

11 
12 

13 

14 

15 
16 



From whom and to 
whom. 



To Sir C. Wyke. 
do 

Mr. Mathew 

do 

, do 

To Sir C. Wyke. 



Mr. Mathew 
Sir C. Wyke., 



.do. 

-do. 



.do. 
.do. 



.do. 



.do. 



To Sir C. Wyke. 
do 



Sir C. Wyke.. 
do 



Date. 



1861. 
Mar. 30 
April 17 
Mar. 26 



April 5 

April 19 

May 30 

May 12 

May 27 



....do.... 
June 24 

....do.... 



June 25 
June 27 

June 28 

Aug. 21 
....do..., 



July 1 1 
July 26 



Subject. 



Instructions on proceeding to Mexico, 

Murder of Mr. Bodmer. To demand redress. 

Enclosing a note from Senor Zarco, the minister 
for foreign affairs, offering to secure religious 
liberty to foreigners in Mexico. 

Correspondence with Seiior Zarco relative to Brit- 
ish claims. Observations. 

Proposed settlement of the claim of Dr. Duval's 
family by a grant of nationalized property. 
He has accepted it. 

Approval of proceedings with regard to the claim 
of Dr. Duval's family. 

General state of affairs. Arrival of Sir C. Wyke. 

Conversation with SeiJor Guzman respecting the 
legation robbery. Government not prepared 
to repay the "conducta" money stolen by 
Seiior Degollado. 

Secularization of the church property. Position 
of the government. 

Correspondence with the Mexican government re- 
lative to the robbery of $600,000 belonging to 
the bondholders from the British legation house. 

Correspondence respecting the money taken from 
the Laguna Seca conducta. 

Necessity for employing force to obtain redress 
from the Mexican government. Captain Aid- 
ham's views as to the course to be adopted. 

Enclosing an extract from the ' ' Mexican Extra- 
ordinary," giving an account of the outrages on 
British subjects. 

State of the country. Military successes of the 
church party. 

Demands to be made on the Mexican government. 

Her Majesty's government insist on the restora- 
tion of the $660,000 taken from the British 
legation. 

Murder of Mr. H. M. Beale. 

Stoppage of all payments on account of foreign 
debt. Correspondence with the government. 
Saspension of diplomatic relations. 



230 THE PRESENT CONDITION OF MEXICO. 

Table of contents — Continued. 



No. 



19 
20 



22 

23 
24 

25 
26 
27 

28 
29 
30 

31 
32 

33 

34 
35 
36 
37 
88 



From whom and to 
whom. 



Date. 



SirC. Wyke. 



ToSirC.Wyke. 



21 Earl Cowley 



To Sir C. Wyke. 



-do. 



Earl Cowley 



.do. 



Sir J. Crampton 
do 



1861. 

July 28 

Auk. 31 
Sept. 5 



Sept. 10 



Lord Lyons. 



To Sir J. Crampton . . 



To Earl Cowley. 



M. Isturiz... 
Earl Cowley. 



— .do..., 
-...do.... 

Sept. 17 
Sept. 13 
Sept. 16 

Sept. 10 
Sept. 23 
...do.... 



To Earl Cowley. 



do 

To Sir J. Crampton. 

To M. Isturiz 

To Lord Lyons 

To SirC. Wyke 



...-do.... 
Sept. 24 

Sept. 27 



...do. 
...do. 
...do. 



Sept. 28 
...do.... 



Subject. 



Outrages by General Marquez. The country in a 

state of anarchy. 
Approval of his having suspended relations. 
French government will send instructions to their 
minister, M. de Saligny, similar to those sent 
to Sir C. Wyke. Proposal that Spain should be 
invited to join in the pi'oposed proceedings. 
Her Majesty's government must hold the Mexican 
nation responsible for outrages on British sub- 
jects. 
Approval of his conduct. Instructions as to 

breaking off relations. 
Spanish government intend to occupy Vera Cruz 
and Tampico. but will act in concert with Eng- 
land and France. 
Explanations from the Spanish minister as to the 

intentions of his government. 
Views of the Spanish government with regard to 

Mexico. 
Expedition in preparation to act against Mexico. 
Spain desirous of joining Great Britain and 
France. 
Propose 1 convention between the United States 
and Mexico, by which the former were to pay 
the interest on the foreign debt in considera- 
tion of certain grants of land, &c. 
Eights on Vera Cruz and Tampico custom-houseB 
secured to the British government. Will Spain 
wait till France and Great Britain have agreed 
upon their plan of operations ? 
Despatch from M. Thouvenel communicated by 
M. de Flahault. Proposal to seek the co-opera- 
tion of the United States. Her Majesty's gov- 
ernment wish to act in concert with the French 
government. 
Intentions of Spain towards Mexico Advantage 

of the joint action of the three powers. 
French government request to know the plan of 
action proposed by the British government. 
Objections to any plan for the Unitt-d States 
undertaking to pay the interest on the foreign 
debt. 
Explanation received from ilr. Adams as to the 
proposals the United .States governuieut wishes 
to make in regard to Mexico. Counter pro- 
position made to him. 
Enclosing a copy of Sir J. Crampton's despatch of 

the 13th instant. 
Conditions considered easential in any joint inter- 
vention in Mexico. 
Her Majesty's govt-rnmont will ci>n.>idcr the pro- 
posals of tlie Spanish novernment. 
Conversation with .Mr. Adams. To speak in the 

same sense to Mr. Seward. 
In case of leaving Mexico to keep in communi- 
cation with Admiral Milne. Instructions not 
yet determined on. 



THE PRESENT CONDITION OF MEXICO. 
Table of contents — Continued. 



231 



No. 



From whom and to 
whom. 



Sir C. Wyke 
do,.. 



.do. 



.do. 



do 

do 

To Earl Cowley. 

Earl Cowley ... 

To Earl Cowley. 



To Sir J. Crampton . . 
Sir J. CramptoQ 



do 

Earl Cowley . _ 

To Earl Cowley 

Earl Cowley 

Sir J. Crampton . 

Lord Lyons 

Sir C. Wyke 

To admiralty 

Lord Lyons 

To admiralty 

To Sir C. Wyke 

To Earl Cowley 

To Sir C. Wyke 



Date. 



1861. 
Aug. 8 

Aug. 12 



Aug. 23 



Aug. 24 



Aug. 26 
Aug. 27 
Sept. 30 



Oct. 
Oct. 



..-.do.... 
Sept. 21 

Sept. 24 



Oct. 10 
Oct. 12 



Oct. 18 
Oct. 9 



Subject. 



Oct. 


14 


Sept. 


29 


Oct. 


30 


Oct. 


17 


Oct. 


31 


-..do 


.... 


Nov. 


1 


....do 


.... 



Letter addressed to Senor Zamacona justifying the 
suspension of relations. 

Euclosiug extract from "Estafette," giving an 
account of the trial of the perpetrators of the 
legation robbery. 

Progress of events Attempt on the life of the 
French minister. Correspondence with the 
goverunient. 

Enclosing a decree imposing a tax of 1 per cent, 
on capital. Correspondence with British mer- 
chants. 

Histury of the British convention fund. 

State of affairs. 

Objections to forcible interference in the internal 
affairs of Mexico. 

Opinion expressed by M. Thouvenel as to inter- 
ference in Mexico. 

The Queen prepai-ed to enter into a convention 
with France and Spain witli regard to Mexico. 
United States lo be invited also to give their 
adhesion. 

To propose a joint convention as above. 

Views of xMaishal O'Donnell as to seeking the co- 
opeiation of the United States. He disclaims 
any iuteutioa of recontpiering Mexico. 

Spanish government will respect the rights of 
Great Britain on the Vera Cruz and Tampico 
customs. 

French government ready to join the convention 

Consider an engagement not to interfere by force 
in the internal policy of Mexico essential to 
the convention. 

Convention to be negotiated in London. 

Spanish government ready io sign a joint con- 
vention as to the establishment of an improved 
form of government in Mexico. 

Interview with Mr. Seword. Views of her majes- 
ty's government respecting Mexico communi- 
cated to him. 

State of affairs. Probable effects' of foreign in- 
tervention. 

Reinforcements to be sent to the North American 
and West Indian squadron, 

Mr. Seward still anxious that the plan proposed 
by the United States for the payment of the 
foreign debt should be adopted. 

Naval force to be despatched to Vera Cruz. In- 
structions to be given to Admiral Milne and 
Mailland. Plan of operations. 

Enclosing convention signed with French and 
Spanish ministers. To act as British commis- 
sioners. Instructions. 
Enclosing a copy of the instructions to Sir C. 

Wyke. 
To proceed to Jamaica and join Admiral Milne. 
Further instructions to be sent. 



232 THE PEESEXT CONDITION OF MEXICO. 

Table of contents — Continued. 



No. 


From whom and to 


Date. 


Subject. 




whom 




• 






1861. 




63 


To Earl Cowley 


Nov. 1 


Enclosing convention. Instructions to be sent to 
Sir C. Wyke. 


64 


To Sir J. Crampton. .. 


....do.... 


Do. do. 


65 


To Earl Cowley 


...do.... 


Draft of further instructions to Sir C Wyke. 


66 


To tjir J. Crampton... 


....do...- 


Enclosing draft of further instructions to Sir C. 
Wyke. 


67 


ToSirC. Wyke 


....do...- 


Instruction as to interference in the internal 
affairs of Mexico. 


68 


Ariniiralty 


-...do.... 


Proposed rendezvous for allied fleets. 


69 


To Earl (Jowley ...... 


...-do 


Enclo.^ing a copy of the above. M. de Flahault 
informed. 


70 


To Sir J. Crampton . . . 


....do.... 


Enclosing a copy of the above. M. Isturiz in- 
formed. 


71 


To admiralty 


....do.... 


Anangements for conveyance of Sir C. Wyke. 


72 


Sir J. Crampton 


...-do..-. 


Spanish force to be sent to Mexico. 


73 


To admiralty 


Nov. 6 


Arrangements with regard to the French expe- 
ditionary force. 


74 


Earl Cowley 


Nov. 6 


M de Saligny to be French commissioner and 
joint plenipotentiary with the French admiral. 
His instructions lieiog prepared. 


75 


do 


....do..-. 


French government concur in draft of further 
instructions to Sir C. Wyke. 


76 


do 


....do.... 


French government concur as to rendezvous. 
Amount of French force. 


77 


To Lord Lyons 


Nov. 6 


Enclosing copy of convention. To invite the ad- 
hesion of the United States government. 


78 


To admiralty 


Nov. 7 


Suggesting that the date of rendezvous should be 
settled by Admiral Milne with the French and 
Spanish commanders. 


79 


do 


Nov. 8 


In case of difference of opinion with regard to 
the negotiations, the opiuions of Sir C. Wyke 
to prevail over that of Admiral Milne. 


80 


To Sir C. Wyke 


Nov. 15 


In case of operations against the capital, the 
British force not to advance beyond Vera Cruz. 


81 


do 


....do..-- 


As to operations on the Pacific coast. 


82 


To admiralty 


....do...- 


Instructions to be sent to Admiral Maitland as to 
operations on the Pacific coast. 


83 


Earl Cowley. . -... 


Nov. 14 


Probability of the Spanish expedition having 
already started. 








84 


To Earl Cowley 


Nov. 16 


Copies of despatches to Sir C. Wyke and to ad- 
miralty of the 15th instant. 


85 


To admiralty. 


Nov. 18 


Enclosing copy of despatch from Earl Cowley of 
the 14th instant. 


86 


Earl Cowley 


Nov. 19 


French expedition to stop at Teneriffe. 


87 


Sir J . Crampton 


....do.... 


Appointment of Geneial Prim as Spanish com- 
mander-in-chief and plenipotentiary. 


88 


Sir C. Wyke 


Oct. 28 


Monthly report on the state of aft'iii-s. 

Negoti itions with the Mexican government. Pro- 


89 


do" 


...-do.... 








posed convention for the settlement of British 








demands. 


90 


To Sir J. Crampton 


Nov. 28 


Informing him of Sir C. Wyke's negotiations. 
Htr Majesty's government consider that the 
joint convention atlords greater security for 
the due fulfilment of any Mexican engage- 
ments. What are the terms the Spanish gov- 
eiument will require? 



THE PEESENT CONDITION OF MEXICO. 
Tahle of contents — Continued, 



233 



No. 


From whom and to 
whom. 


Date. 


Subject. 






1861. 




91 


To Earl Cowley 


Dec. 2 


Similar to the above. What are the terms the 
French government will require? 


92 


do 


Dec. 4 
...do.... 


Reduced force to be sent to Mexico. 


93 


To Sir J. Crampton 


Similar to the above. 


9i 


Earl Cowley 


Dec. 3 


Terms to be demanded to be left to the decision 
of the French commissioners. 


95 


Lord Lyons . 


Nov. 29 


Delay in presenting the convention to the United 
States government in consequence of the Span- 














ish minister not having received his full powers 








and instructions. 


96 


do 


Dec. 3 


Copy of note enclosing the convention, and in- 
viting the adherence of the United States gov- 












ernment. 


97 


Sir J. Crampton 


Dec. 10 


Spanish government informed of the reduced 
force to be sent to Mexico. 


98 


do 


Dec. 15 


Demands to be made by Spanish government on 
Mexico. 


99 


M. Istm'iz 


Dec. 22 


Explanation respecting the sailing of the Spanish 
expedition from Cuba The commander in- 
structed to act in concert with the forces of the 
allies. 

Copy of the above. 


100 


To Sir J. Crampton 


Dec. 24 


101 


do 


....do.... 


Sir C. Wyke to communicate to the Spanish com- 
missioners the terms of the British demands. 


102 


Lord L)'ons . 


Dec. 6 


Note from Mr. Seward refusing to accede to the 
joint convention. 






103 


do 


Dec. 9 


Copy of a joint note acknowledging Mr. Seward's 
note. 


104 


ToM. Isturiz 


Dec. 24 


Acknowledging note of 22d in.«tant. 


105 


To Sir J . Crampton 


Dec. 27 


Copies of despatches from Lord Lyons of the 3d, 
(5th, and 9th instant. 


106 


SirC. Wyke 


Nov. 25 


Progress of his negotiations Convention signed 
with government, but thrown out by congress. 








107 


do 


Nov. 28 


Address from British merchants and his reply. 


108 


do 


do 


Reported intrigues of General Doblado. 


109 


do 


.. -do...- 


Proposed proceedings in consequence of the rejec- 
tion of the convention. Has presented the 






1862. 


British ultimatum. 


110 


Admiralty ...... .... 


Jan. 2 


Particulars respecting the Spanish expedition. 






1861. 


111 


Lord Lyons...... 


Dec. 21 
1862. 


Proceedings of the United States minister in 
Mexico. 






112 


M. Isturiz 


Jan. 13 


Instructions given by governor-general of Cuba 








to the commander of the Mexican expedition. 


113 


To M. Isturiz 


Jan. 16 


Receipt of the above. Cannot understand why 
Spanish expedition did not await the arrival of 
the British and French forces. 


114 


Earl Cowley 


Jan. 17 


French expedition to be reinforced. 


115 


M. Isturiz. 


Jan. 18 


Further explanations respecting the Spanish ex- 
pedition. 








116 


To Earl Cowley 


Jan, 20 


Interview with M. de Flahault. French rein- 
forcements to be sent. No further British force 
will be detached for Mexico. 


117 


ToM. Isturiz 


Jan. 23 


Not satisfied with his explanations, but accept 
the assurance that the Spanish government will 
observe the terms of the joint convention. 



234 



THE PEESENT COXDITION OF MEXICO. 
Table of contents — Continued. 



No. 



From whom and to 
whom. 



Date. 



Subject. 



118 
119 
120 

121 
122 
123 



To Sir J. Crampton. 

Earl Cowley 

ToSirC.Wyke 



1862. 
Jan. 19 



Sir C. Wyke. 
do.... 



.do. 



Jan. 
Jan. 



24 
27 



1861. 
Dec. 14 

Dec. 29 

....do.... 



Representations to be made respecting the Span- 
ish expedition. 

Eumor respecting Archduke Maximilian being 
made king of Mexico. 

Instructions as to any change of the Mexican gov- 
ernment. Measures to be taken on the Pacific 
coast. 

Intends to proceed to Vera Cruz. British inter- 
ests left in charge of the Belgian minister. 

Arrival at Vera Cruz. Reasons for not proceed- 
ing to Jamaica. 

Proeee'liijgs of the Spanish at Vera Cruz. Aspect 
of affairs. 



THE PEESENT CONDITION OF MEXICO. 235 

COPiRESPONDENCE RELATING TO MEXICM AFFAIRS. 



No. 1. 

Lord J. Russell to Sir C. Wyke. 
[Extract.] 

Foreign Office, March 30, 1861. 

A passage to Vera Cruz having been ordered for you on board tbe contract 
packet appointed to leave Southampton on the 2d of April, you will embark on 
board that vessel, and on your an-ival at Vera Cruz proceed at once to Mexico. 
You will probably find Mr. Matliew already in diplomatic communication with 
the constitutional government ; for her Majesty's government can hardly doubt 
that it will have willingly acceded to the conditions on which the re-establish- 
ment of friendly intercourse has been made to depend. 

The instructions addressed to Mr. Mathew, both before and since the final 
triumph of the liberal party, made the recognition by Great Britain of the con- 
stitutional government contingent upon the acknowledgment by that govern- 
ment of the liability of Mexico for the claims of British subjects, who, either in 
their persons or in their property, for a long scries of years can be proved to 
have suffered wrong at the hands of successive goveniments in Mexico, 

If Mr. Mathew should not have obtained any such concession from the con- 
stitutional government before your arrival, you must use your own discretion as 
to the time at Avhich you should present your credentials. It is, of course, de- 
eirable that the re-establishment of regular diplomatic intercourse Avith Mexico 
should not be delayed ; but it might happen that the manifestation of any undue 
eagerness on your part to bring about such a state of things might encourage 
the constitutional government to withhold the preliminary concession which Mr. 
Mathew Avas instru.cted to require. 

Her Majesty's government have all along declared that they had no desire to 
prejudge the quarrel betAveen the tAvo parties who have been long arrayed agauist 
each other in Mexico, or to side Avith one party against the other. Had the 
party of General Miramon shoAvn a due regard for international obligations and 
for the rights of British subjects, the British legation Avould not have been Avith- 
drawn from the city of Mexico. That step Avas forced upon her Majesty's gov- 
ernment by continual disregard of the rights of British subjects and of the obli- 
gations of international engagements, Avhich rendered it impossible for her 
Majesty's government to continue to hold relations Avith the constituted authori- 
ties. But if the ncAvly-established goA^ernment should evince a disposition to 
act on different principles, you aa^II state to it, without hesitation, that the 
friendly feelings of her Majesty's government for Mexico have undergone no 
change, notAAdthstanding the grie\'ous wrongs which British subjects have sus- 
tained at the hands of the successive governments of that republic ; that the 
policy of the British government with regard to Mexico is a policy of non- 
intervention, and that the British government desire to see Mexico free and in- 
dependent, and in a position to regulate the cIa^I administration of the country, 
to maintain internal peace, and to discharge its international duties Avithout the 
active intervention of any foreign power Avhatever, Her Majesty's government 
cannot doubt that such assurances as these Avill induce the Mexican government 
to rely with confidence on the disinterestedness of any advice or suggestions 
Avhich you may see occasion to offer to it, though I would caution you against 
obtruding such advice upon it, and still more against entering into any contest 



236 THE PEESENT COXDITION OF MEXICO. 

witli the representative of any otlier power for exclusive influence over the 
councils of the government. 

I would, moreover, particularly caution you against taking any part in the 
political questions which may arise between contending parties in the state. A 
British minister can never safely interfere in such matters ; but, as the repre- 
sentative of a country possessing liberal institutions, and therefore desiring to 
see other nations enjoying the same blessing, he will always be looked upon 
with respect, and will have more real influence for good in proportion as he keeps 
aloof from the factions or disputes of rival parties in the state. 

Your earliest attention after your arrival in Mexico must be given to the 
question of British claims. You are aware that it has not been the custom of 
her Majesty's government, although they have always held themselves free 
to do so, to interfere authoritatively on behalf of those who haA^e chosen to lend 
their money to foreign governments, and the Mexican bondholders have not 
been an exception to this rule. The constitutional government, however, while 
established at Vera Cruz, under the presidency of Seuor Juarez, concluded with 
Captain Dunlop two years ago an arrangement by which it was stipulated that 
twenty-five per cent, of the customs receipts at Vera Cruz and Tampico should 
be assigned to the British bondholders, and sixteen per cent, to the holders of 
convention bonds. That convention Avas confirmed and extended by the ar- 
rangement lately made by Captain Aldham. The claims of the bondholders, 
therefore, to the extent provided for in those arrangements, have acquired the 
character of an international obligation, and you should accordingly insist upon 
the punctual fulfilment of the obligations thus contracted. 

The bondholders, moreover, have sustained a grievous loss by the robbery of 
a large sum of money belonging to them which had been deposited for security 
in the lioixse of her Majesty's legation, and if Mr. MathcAv sliould not have suc- 
ceeded before your arrival in making a satisfiictory arrangement for the early 
restitution of tlie amount thus plundered, you Avill insist upon such arrangement 
being immediately entered into Avith yourself. Her Majesty's gOA-ernment will 
not admit as an excuse for hesitation in this respect the plea that the robbery 
was committed by the late government ; T'or as regards this, as indeed all other 
claims, her ^Majesty's goA'ernment cannot admit that the party Avho committed 
the AA'rong is alone responsible. Great Britain does not recognize any party as 
constituting the rejiublic in its dealings Avith foreign nations, but holds the entire 
republic, by AvhateA'er party the government of it may from time to time be ad- 
ministered, to be responsible for Avrongs done to British subjects by any party 
or persons at any time administering the poAvers of goA'ernment. 

Her Majesty's goA-ernment do not, indeed, anticipate any determined refusal 
on the part of the constitutional goA-ernmcnt to aft'ord redress in this particular 
case ; but if you should meet Avith any such resistance, you Avill apprise the 
Mexican government that you are authorized and enjoined at once to call upon 
her Majesty's naA^al forces to support, and, if necessary, to enforce, your demand 
for reparation. The fact that the scene of the outrage Avas the residence of the 
British mission gives her Majesty's goA'^erument a special right to enforce repa- 
ration in this particular case. 

The robbery committed by Greneral Degollado, when acting under the orders 
of the gOA'crnment established at Vera Cruz, on a conducta of specie on its way 
to the coast, in which specie British subjects Avere largely interested, stands next 
in order as an act of A'iolcnce for Avhich reparation nnist be obtained ; and I do 
not doubt that there Avill be no hesitation in making good the losses sustained 
by that transaction. 

It is unnecessary for me on this occasion to go through the list of claims of 
British subjects Avliich it Avill be your duty to press for settlement. ]\h-. Matlunv 
has been instructed to present a list of such claims to the ministers of the re- 
public and to demand a settlement of them. 



THE PRESENT CONDITION OF MEXICO. 237 

Toil will find on examining this list that the several claims, although differ- 
ing in degree, are all of a nature to require reparation, and it will be your duty 
to arrange with the Mexican government the manner in which such reparation 
shall be made. Whatever arrangement you may make should be recorded in a 
convention. For this purpose her Majesty has been pleased to grant you a full 
power under the great seal. 

The general British claims may probably be classed under two heads : those 
the validity of which has been recognized, and those the validity of which is 
still to be ascertained. 

As regards the first class, the convention should be confined to providing for 
the mamier in which the amounts already agreed upon should be paid ; for her 
Majesty's government will not allow cases already examined and determined to 
be reopened for prospective benefit either of British parties or of the Mexican 
government. 

As regards the second class, the convention should provide for examining the 
claims and for the liquidation of such as may be pronounced valid, either in 
whole or in part, on the same principle and in the same manner as may be stipu- 
lated in regard to the first class. Whether the examination of siich claims shall 
be made by a mixed commission or not must be left to your discretion to dc- 
tennine. 

As regards the first class of claims, they should be sevei-ally specified in the 
convention, with the sums payable in respect of each ; but such enumeration 
will, of course, not be practicable as regards the second class, which must re- 
main open for the insertion of any claims brought forward before a specific day. 

As regards the time at Avhich either class of the claims shall be paid, her 
Majesty's government are aware that some degree of indulgence may be necessary. 
The troubles which have for many years past distracted the republic have, as a 
natural result, impoverished tlie country, and made it difiicult for the constitu- 
tional government to raise at once funds sufficient to provide for the immediate 
wants of the civil administration, and for the liabilities of the country towards 
foreign creditors and claimants. But you must be careful not to allow any tem- 
porary forbearance which you may show in pressing for the liquidation of Brit- 
ish claims to be construed into indifference. So far from that, you will lose no 
opportunity of pointing out the necessity of taking measures for developing the 
resources of the country, on the ground that the result of such development 
Avill be to supply the treasury not only with the means of meeting the expenses 
of the civil government, but also with those for satisfying all international claims. 

An opinion has got abroad that the constitutional government Avill probably 
adopt some measure in regard to ecclesiastical property which will place at its 
disposal a large sum of money. 

It is not the part of her Majesty's government to say whether this act should 
be sanctioned or not, but if by any measures of the Mexican government, 
which they consider right and expedientr4hft-public treasury should be imme- 
diately or prospectively replenished, her Majesty's government may fairly urge 
that British claimants should have the benefit of such a state of things, and ob- 
tain an earlier settlement of their outstanding claims. 

The only question affecting the internal polity of Mexico, in regard to which 
her Majesty's government would feel warranted in offering advice unsolicited, 
is that of freedom for religious worship. Putting aside all considerations of a 
moral character, which are so strongly in favor of a general liberty of conscience, 
it is impossible to doubt that Mexico would find great political advantage in 
throwing down the barrier which now prevents Christians of different sects from 
settling in the country, and in thereby encouraging the immigration from other 
countries of persons whose activity and skill would contribute to improve the 
resources of the country. 



238 THE PEESENT COXDITIOX OF MEXICO. 

I enclose a despatcli on tliis subject wliicli I addressed to Lord Cowley in 
July last. 

You are so well acquainted witli the peculiarities of the Spanish, character 
that it is needless for me to dilate on the best means of dealing with the people 
with whom you may be brought into contact. They are to be influenced by mod- 
erate language and considerate demeanor, but they resist and defy attempts to 
intimidate or coerce. 

But it may be that with all your tact and forbearance you ■^^^ll foil to obtain 
a hearing for well-founded representations on behalf of Bi-itish subjects ; and 
in such cases you may, by referring quietly to the presence of her Majesty's 
ships-of-war on the coasts of Mexico, leave the Mexican government to infer that 
those ships are available for your support if your just demands should be re- 
jected, or if the engagements entered into with you should be disregarded. 

As regards the question of article 10 of the convention of 1826, you will find 
that the construction of that article has been a fruitful source of discussion be- 
tween the two governments, more especially during the rule of General Mira- 
mon, when forced loans, under one denomination or another, but more usually, 
of late, imder that of a tax on capital, were continually attempted to be levied 
on her Majesty's subjects. You will judge how far any overture on your part 
for clearing up doubts in regard to this article, and for seeming for British sub- 
jects exemption from all extraordinary contributions, under whatever denomina- 
tion they may be levied, would meet with a favorable reception on the part of 
the Mexican government, and if you see a probability of such being the case, 
you will frame and refer home for consideration the draft of an additional arti- 
cle to the convention of 1826, to which the Mexican government would be 
likely to agree. 

If any differences should arise between the Mexican government and foreign 
powers you will not hesitate to employ such influence as you may possess for 
preventing those differences from leading to an open rupture. But in taking 
such a course you must be careful not to assume for yourself, or for your gov- 
ernment, any responsibility, and you must avoid any uncalled for assumption of 
mediation. 

With the representatives of foreign states accredited to the republic you wdl 
endeavor to live in harmony. You will always bear in mind that neither in 
Mexico nor in any part of the world do her Majesty's goveniment seek any 
exclusive political influence, nor any commercial advantages which they are 
not ready to share with all the nations of the earth. The only object at which 
they aim is to secure for this country its proper place in the family of nations, 
and their only desire is to employ any influence which Great Britain may pos- 
sess for the promotion of general peace and the development of commercial 
industry. 



Enclosure in No. 1. 



Lord J. Russell to Earl Cowley. 
[Extract.] 

Foreign Office, Juhj 17, 1860. 

I have to state to you that her Majesty's government do not at all pretend to 
imjiose religious toleration as a basis in Mexico. 

But it appears to her Majesty's government that to restrict a quiet and obe- 
dient subject of the state from Avorsliijiping God in such manner as lie thinks 
most acceptable to his Creator, whether alone or in communion with others, is a 
barbarous abuse of power. All that the civil magistrate can ask is obedience 



THE PRESENT CONDITION OF MEXICO. 239 

in civil matters, and the right of religious freedom is so natural and so obvious 
that it is probable Mexico never will be tranquil so long as men are punished 
for entertaining a belief different from that of the government. When, there- 
fore, there is a question of renewing our offer of mediation, her Majesty's gov- 
erment will express in a separate despatch their conviction that a tyranny over 
men's consciences ought to be abandoned by the government of Mexico. 



No. 2. 
Lord J. Russell to Sir C. WyJce. 

Foreign Office, April 17, 1861. 
Sir : I have received from Mr. Mathew and from her Majesty's consul in Mex- 
ico an account of the barbarous murder of Mr. Edward Bodmer, the British vice 
consul at Tasco, whilst endeavoring to save the life of a Mexican citizen, who 
was assaulted by some soldiers belonging to a section of General Vicario's army. 
I have now to instruct you to urge the Mexican government to spare no efforts 
to bring the perpetrators of this atrocious outrage to justice, and you will at 
the same time demand ample reparation for the widow and fixmily of Mr. Bodmer. 
I am, &c., 

J. RUSSELL. 



Xo. 3. 
Mr. Matheic to Lord J. Russell. 

Mexico, MarcJi 26, 1861. 

My Lord : I have received a note, of which I have the honor to enclose a 
translation, from Senor Zarco, expressing the dcske of the Mexican government 
to secure to her Majesty's subjects in Mexico the rights of worship according 
to their conscience, by an additional, or more coiTCctly I believe, by a separate 
article to the international treaty. 

A similar communication has, I understand, been addressed to the ministers 
of the United States and Prussia, who inform me that they entertain no doubt 
that the proposal will be gladly accepted by their respective governments. 

From the class of persons who are likely to be attracted to this country, in 
mining and other pursuits, by the prolongation of peace, I believe that to no 
nation Avill this privilege be more important than to her Majesty's subjects, and 
I venture to assure myself that your lordship will receive with much satisfac- 
tion the proposal of tlae Mexican government for insuring this right under the 
guarantee of treaties. 

I have, &c., / 

GEORGE B. MATHEW. 



Eaclosure in No. 3. 

Senor Zarco to Mr. Mathew. 

[Translation.] 

Mexico, March 25, 1861. 
The undersigned, &c., has the honor to address Mr. Mathew by special com 
maud of his excellency the president, and to inform him that the constitutional 
government of Mexico is desirous to afford foreigners full protection and security 



240 THE PRESENT CONDITION OF MEXICO. 

with proper guarantees, and that consequently it is ready to add an additional 
article to the treaty already existing between Great Britain and Mexico, whereby 
it shall be stipulated that foreigners may carry out freely, publicly, and under 
the protection of the laAv, their several forms of religion, and worship God ac- 
cording to the dictates of their own conscience. 

The preliminary steps in this matter can be entered upon in this capital, 
should Mr. ]\Iathew be provided Avith the powers necessary for such transactions ; 
otherwise at the court of St. James, so soon as the representative of Mexico 
shall have presented his credentials. 

The undersigned, &c. 

FRANCISCO ZARCO. 



No. 4. 
Mr. Matherv to Lord J. Russel. 

Mexico, April 5, 1861 

My Lord : In a recent and prolonged conversation with Senor Zarco, minis 
ter for foreign affairs, relative to British claims, that gentleman earnestly assured 
me of the desire entertained by his government to meet my just demands on 
behalf of her Majesty's subjects in every manner that the deplorable financial 
condition of Mexico Avould admit ; and further expressed the readiness of the 
Mexican government to do Avhatever your lordship might deem proper for pre- 
venting a recurrence of the exactions lately suffered by British subjects from 
misinterpretation or deficiencies in the international treaty, from which many of 
the existing reclamations have arisen. 

I thought it, therefore, desirable to address him a brief note on these subjects, 
in order to be enabled to submit to your lordship some definite proposals and 
views. 

The unsettled condition and future prospects of Mexico, and the experience 
of the last three years, render it, I feel convinced, of obvious importance that all 
articles of disputed interpretation in the treaty should be clearly defined, and 
that such additions should be made; to it as your lordship may think conducive 
to the security of her Majesty's subjects, and to the advantage of British in 
terests. 

I have much pleasure in being able to lay before your lordship, by the en- 
closed translation of Seiior Zarco's reply, the oificial declaration of the desire of 
the Mexican gOA^ernment to meet these objects. 

This government, as your lordship Avill observe, propose to refer all British 
reclamations, not yet recognized by it, to the examination and final decision of 
a mixed commission, and to assign for the gradual discharge of all English 
claims thus or previously admitted a stated portion of their revenues. 

It is distinctly understood that this proposal Avhich I have noAV to submit to 
your lordship's consideration has no reference to the special agreement already 
entered into by the Mexican goA^ernment for the repayment of the British moni-y 
seized in the " conductas " at Lagos and Tampico, nor to the negotiation in 
progress betA\x'en the ]\texican government and the agent of the bondholders for 
the restoration of the money plundered at this legation. 

Senor Zarco proceeds to state tlie Avillingness of his government to define or 
extend, as your lordship may tliiuk best, in the usual manni^-, the priviU^ges to 
be mutually enjoyed by Britisli anil ^lexican subjects respectiA-ely, and makes, 
in the name of tlie Mexican government, the declaration that they stipulate from 
the present moment for the extension of the right of exemption from forced 



THE PEESENT CONDITION OF MEXICO. 241 

loans in the ninth article to exemption from extraordinary contributions, from 
which her Majesty's subjects have so severely suffered. 

He observes that he has proposed by a separate note (the subject-matter of 
my despatch of the 26tli of March) to secure to her Majesty's subjects, by a 
separate article, the free right of public worship, and he transmits a copy of the 
now existing law for that object, which I have the honor to enclose. 

I think your lordship will not disapprove of my having thus taken the earliest 
opportunity of bringing these matters to issue. I am not aware of any other 
points in the international treaty calling for notice, except that of intestate 
estates ; but I may at the same time bring to your consideration the questions 
affected by the late proposed and, I imagine, discarded treaty with the United 
States, of any exclusive rights of transit for merchandise or of isthmus juris- 
diction. 

I have, tfcc. 

GEORGE B. MATHEW. 



Enclosure 1 ia No. 4. 
3Ir. Mathew to Se/ior Zarco. 



Mexico, March 22, 1861. 

The undersigned refers with much pleasure to his recent conversation with 
his excellency Seiior Don Francisco Zarco respecting some proposed mode of 
liquidation, by mutual arrangement, of the heavy claims of British sidyects 
against Mexico, and he would be glad to be enabled to transmit, for the con- 
sideration of his government, the views entertained by his excellency and the 
Mexican cabinet. 

The consideration of this subject naturally led to remarks upon certain alleged 
doubts with regard to the Avording of the present international treaty between 
Great Britain and Mexico, upon infractions of which many of the British claims 
are founded, which his excellency Senor Zarco informed him had attracted the 
serious consideration of his government. 

The undersigned Avould have great satisfaction at the same time, therefore, in 
laying before his government any general suggestions which his excellency 
Seiior Zarco may think fit to communicate to him, with the view of securing, 
beyond the possibility of doubt or question, in Great Britain and in ^Mexico, to 
the natives of each country, the rights and privileges to which the two govern- 
ments have declared them entitled in civil and religious matters. 
The undersigned, &c. 

GEOEGE B. MATHEW. 



Enclosure 2 in No 4. 

Se/io?- Zarco to Mr. Matheic. 

[Translation ] 

ISTational Palace, Mexico, March 27, 1861. 

The XTudersigned, &c., has the honor of acknowledging the receijjt of the note 
which Mr. Mathew, &c., Avas pleased to address him, under date of the 22d in- 
stant, in Avhich, referring to a recent conversation he had Avith the undersigned re- 
specting British claims, he expresses a desire to know Avhat are the intentions 
of the Mexican government as to their liquidation and settlement. 
H. Ex. Doc. 100 16 



242 THE PRESENT CONDITION OF MEXICO. 

The xindersigned, wlio lias already expressed to lier ]\rajesty's cliars:e d'affaires 
liow siucere is the wish of the Mexican government to offer every kind of secu- 
rity for faithfully complying with the treaties, and to attend to all claims founded 
in justice, has also laid before him the great difficulties Avhich at this moment 
impede an immediate and satisfactory settlement ; difficulties which are the 
natural consequences of a three years' civil war, and by which the public treasury 
has been drained, and the burdens weighing upon the revenue have been greatly 
increased. 

The undersigned has been gratified by perceiving that her Britannic Majesty's 
worthy representative has justly estimated the good will of the Mexican govern- 
ment, and is not unconscious of the obstacles which are but superficially noticed 
in this note. 

The undersigned has requested from the finance department a circumstantial 
statement of the assignments of the duties of the maritime custom-houses granted 
for the payment of foreign claims ; and as soon as this statement is made out 
he will have the honor of submitting it to her Britannic Majesty's charge 
d'affaires, in order that he may be pleased to take it into his consideration. 

In the meantime the undersigned can inform his excellency that the desire 
of the Mexican government is to examine all British claims in order to ascertain 
their exact amount, to submit all that may be pending and not yet recognized 
(should her Britannic Majesty's government concur) to the scrutiny and decis- 
ion, without appeal, of a mixed commission, whose organization would be the 
subject of arrangement between the two governments, and to assign for the pay- 
ment of all claims thus admitted all that part of the national revenues that can 
be disposed of, reserving only what is absolutely necessary for covering the 
estimated expenditure, into which every economy, compatible with the existence 
of government, has been already connnenced to be introduced. 

The undersigned Avould truly wish to be able to make more flattering prom- 
ises to her Britannic ]Majesty's charge d'aftaires, but he prefers (and thinks it 
more consonant with rectitude) to iise only the sincere language of truth, and 
to state that only which is Avithin the limits of possibility in the present cir- 
cumstances of the country. 

The government of the undersigned recollect with satisfaction that Mr. 
Mathew, on the day of his official reception, offered them the full moral support 
of Great Britain, and they confidently hope, from the sentiments of justice and 
benevolence which animate the government of her Britannic Majesty, that they 
will see in this statement a proof of good faith, and of the sincere desire of the 
Mexican govcrinnent to meet their just and well-founded reclamations. 

The undersigned takes leaA'e to obsei've that when peace has been consoli 
dated in the republic, and the government has been enaliled to direct their 
attention to the improvement of all the branches of the public administration, 
the increase of their revemies will be gradual and progressive, and the product, 
therefore, of Avhatever assignments may have been made of these revenues will 
be greater for the payment of British claims. 

The undersigned likewise observes that a general arrangement and the 
formation of a common fund would have the advantage of offering a greater 
degree of equity to British claimants, for they would thus avoid preferences in 
favor of some and to the detriment of others, occurrences which might take 
place independently of the desire of the ^[exican government, and even of the 
British legation, Avho occasionally recommend and give ear to certain cases 
without Ix'ing able to do the same for all the cases of like nature. 

As ^Ir. Mathew, in the note to which the undersigned has tlie honor of 
replviiig, has been pleased to suggest the propri(>ty of laying down the clear 
meaning of some of the articles of the existing treaty of friendship between 
Oreat Britain and Mexico, the infraction of Avliicli has caused many of the recla- 
mations, the government of the undersigned perceives no sort of inconvenience 



THE PEESENT CONDITION OF MEXICO 243 

in making with that of Great Britain such declarations as may seem best suited 
to prevent for the future all species of doubt or questions of interpretation, so 
that the natives of each country may enjoy when resident ^n the other clear 
and defined rights. 

Although, in order to arrive at this result, it may be needful to open negotia- 
tions, and to give the proper instructions to plenipotentiaries, the government 
of the undersigned declare that from the present moment they agree, with 
respect to the stipulations in the 10th article of the treaty of December 26, 1826, 
to extend the exemption from forced loans to extraordinary contributions, limit- 
ing their obligation of paying to such contributions as may be legally estab- 
lished in accordance with the constitution of the republic, and to those which 
the States may impose in conformity with their particular laws and their muni- 
cipal regulations. 

The government of Mexico are prepared, with regard to any explanation or 
modification of any other articles of the treaty, to take into consideration any 
proposals or suggestions made on the part of Great Britain ; and in considering 
such they will entertain no other view than that of maintaining and of strength- 
ening more and more the friendly relations that happily exist between the two 
countries, reserving to themselves the right of proposing on their part the modi- 
fications which, on a careful examination, they may deem conducive to the main- 
tenance of these relations and the legitimate interests of the republic. 

With respect to the question of granting to the natives of both countries 
reciprocally the right of religious liberty, the undersigned has already made 
known to Mr. Mathew in his note of the 25th instant that the government of 
Mexico is Avilling to secure, by an additional article to the treaty, the necessary 
stipulation for insuring to British subjects the free exercise of their worship, 
and the right of adoring God according to the inspirations of their conscience. 

Foreign residents in Mexico enjoy this right since the triumph of the legiti- 
mate government, who have proclaimed, defended, and sustained the great prin- 
ciple of religious liberty; and such is the desire of the government to see it 
carried out fully into practice, that they have not awaited in proclaiming it for 
the suggestion of friendly powers, and they will concede the liberty of worship 
to all mankind, even though they should know that on this jjoint due reciprocity 
had been denied to Mexican citizens in any other country of the world. 

In order that Mr. Mathew may fonn an exact idea of the principles which on 
this point serve as a guide to the government of the republic, and which he may 
communicate to that of her Britannic Majesty, the undersigned has the honor to 
enclose a copy of the decree of the 4th December last, which regulates the 
liberty of worship in this country, and whose provisions the undersigned hopes 
may be the basis accepted by the government of Great Britain for the stipula- 
tion proposed by the undersigned in his note of the 25th instant. 

The undersigned, &c. 

FRANCISCO ZARCO. 



No. 5. 
Mr. Mathew to Lord J. Russell. 

Mexico, April 19, 1861. 

My Lord : A public and religious ceremony having been announced to take 
place at Tacubaya in commemoration of the murders of prisoners and other per- 
sons committed there in the month of April, 1859, by order of Generals Mira- 
mon and Marquez, I deemed it a fitting moment to call the consideration of the 



244 THE PEESENT CONDITION OF MEXICO. 

Mexican government to the claim of tlie widow and family of tlie unfortunate 
Dr. Duval. 

Seiior Zarco, in a note of wliicli I have the honor to enclose a translation, 
iiifonued me that the president was willing to assign nationalized property of 
the value of 825,000 for their henefit. Conscious of the all but impossibility 
under which the government labored of finding other means, I conceived it im- 
portant to the interest of Dr. Duval's family to place the oflPer of Seiior Zarco in 
the hands of a respectable person, Mr. Knight, as then' representative to caiTy 
it into effect; but at the same time I deemed it right to guard myself in my 
reply, of which a copy is herewith transmitted, against the possible presumption 
of ha"\^ng admitted the disclaimer contained in Senor Zarco's note of pecuniary 
responsibility on the part of the government. 
I have, &c. 

GEORGE B. MATHEW. 



Enclosure 1 in No. 5. 

SeTior Zarco to Mr. Mathew. 
[Translation.] 



Mexico, Ajyril 12, 1S61. 

The undersigned, &c., in reply to Mr. Mathew's note respecting certain 
indemnity for the family of Dr. Duval, has the honor to inform him that, not- 
withstanding their desire to meet his wishes in the present instance, the Mexican 
government neither are nor can be held responsible, whether they be judged by 
international laAV, the laws of Mexico itself, or by the general principles of jus- 
tice, for the crimes of certain people calling themselves a government, and lately 
in possession of the capital, much less when such crimes come under the cate- 
gory of miu-ders, as in the case of the unfortunate Dr. Duval. Consequently, 
the undersigned cannot but feel that ]\[r. Mathew will perceive how impossible 
it would be for the present government, with the principles they hold, to impose 
upon the country the payment of such indemnities as could not fail to give rise 
to a responsibility quite inadmissible. 

Nevertheless, the constitutional goverment, from feelings of humanity and 
justice, would not be indisposed to grant some kind of voluntary indemnity in 
such instances as the present one, and, as regards the family of Dr. Duval, 
would be Avilling to set aside house property to the amount of 825,000, the sum 
specified by Mr. Mathew, an arrangement which could be carried out either in 
actual houses or in covenant property, the latter having been secularized. 

The undersigned, &c. 

FRANCISCO ZARCO. 



Enclosure 2 in No. 5. 
Mr. Mathciv to SeJior Zarco. 



Mexico, Ajtril IS, 1861. 

The undci-signed, &c., begs to acknowledge the notes addressed to him by 
his excellency Senor Don Francisco Zarco, &c., under dates of the 12th, 13th, 
loth, and 16th instant. 

He feels must fully assured of the sentiments of reprobation with which the 
government of whom his excellency is a justly distinguished member must regai-d 



THE PEESENT CONDITION OF MEXICO. 245 

any acts of outrage and exaction from whicli lier Majesty's subjects in Mexico 
may have suffered, and for wliicli tliey naturally look to that country for the 
compensation due to them, still less can he doubt the indignation with which 
they must view such atrocious and cowardly acts of assassination as that of 
which the unfortunate Dr. Duval was a victim, deeds whose advisers and per- 
petrators will yet, he trusts, meet condign punishment. 

The undersigned has received with sincere gratification the notification that 
his excellency the president has detennined to assign immediately property of 
the value of $25,000 for the benefit of Dr. Duval's Avidow and family, and has 
requested Mr. Knight, as thei;- agent and friend in this capital, to Avait upon his 
excellency Senor Zarco, and to concert with him all necessary steps for carrying 
his excellency's benevolent commands into unmediate effect. 
The undersigned, &c. 

GEOEGE B. MATHEW. 



Xo. 6. 
Lord J. Russell to Sir C. Wyhe. 

Foreign Office, May 30, 1861. 

Sir : Her Majesty's government approve Mr. jMathcAv's proceedings as re- 
ported in his despatch of the 19th ultimo, Avith reference to the proposed assign- 
ment of national property of the value of $25,000 to the AvidoAV of the late Dr. 
Duval. 

I am, &c. 

J. RUSSELL. 



No. 7. 

Mr. Matliew to Lord J. Russell. 

[Extract.] 

Mexico, May 12, 1861. 

There has been but little change in the affairs of Mexico for the last two 
months. Senor Prieto Avas succeeded in the ministry of finance by Seiior 
Mata, Avhose previous nomination as minister to England I had the honor of 
notifying to your lordship, and who has only agreed to fill the office until the 
meting of congress. The death of Senor Lerdo de Tejada, the ablest, if not 
, the only financier in the republic, has been seA^erely felt at the present crisis. 

It seems doubtful AA'hether Senor Mata AAall proceed to London ; the name of 
Seiior Gomez Farias has been mentioned to me by Senor Zarco, in the event of 
a ncAv appointment. 

Seiior Fuente, a lawyer of some note, left Mexico by the last packet on a 
mission to Paris, and probably to Spain, his departure having been long delayed 
by the difficulty of procuring even the small sum of money necessary for his 
journey and support. 

To this complete deficiency of resources must be attributed the continued 
existence and increase, in various parts of the country, of guerilla bodies under 
the Spaniards Oobos and Vicario, and under the infamous Marquez, who pm'- 
sues still his course of murder and rapine. 

Two petty attempts to create disturbances in this capital were discovered and 
put down in time. 



246 THE PRESENT COXDITION OF MEXICO. 

In otlier respects public tranquillity lias not been disturbed, and however 
faulty and weak the present government may be, they who witnessed the mur- 
ders, the acts of atrocity and of plunder, almost of daily occiirrence, under the 
government of General ]\[ii'amon and his counsellors, Senor Diaz and General 
Marquez, cannot but appreeiate the existence of law and justice. 

Foreigners, especially, who suffered so heavily under that arbitrary nile, and 
by the hatred and intolerance towards them, which is a dogma of the church 
party in Mexico, cannctt but make a broad distinction between the past and the 
present. 

President Juarez, though deficient in the energy necessary for the present 
crisis, is an upright and well-intentioned man, excellent in all the private rela- 
tions of life, but the mere fact of his being an Indian exposes him to the hostil- 
ity and sneers of the dregs of Spanish society, and of those of mixed blood, 
who ludicrously aiTOgate to themselves the higher social position in Mexico. 

I have already made known to your lordship my opinion of the objectionable 
nature of the federal constitution now in force ; and I have not concealed my 
fear for the future peace of Mexico, from the utter want of patriotism among 
the higher classes, and from the demoralization and restlessness produced among 
all by the prolonged state of civil warfare. A desire for change is already 
stated to exist in certain quarters, and the idea of the selection of a military 
dictator has been put forward; but it is scarcely needful to observe that such a 
step would be no palliation of the present wants, and no preventive of the future 
dangers of the country. 

General St. Anna was the ablest man of that class that Mexico has produced, 
and the temporary good effect of his energetic character is xtnquestionable ; but 
that due appreciation of equal justice, of social rights, and of peaceful prosperity, 
by which alone nationality' can be maintained, cannot be created by the strong 
hand of arbitrary power. 

The hope of Mexico rests upon the maintenance of peace. A wise basis of 
civil and of religious liberty has been laid down, and peace only is needed for 
the development of constitutional principles, and for the gradual enlightenment 
of the people. 

But seeing, as I do, so many native and foreign elements at work to disturb 
the existing state of things, I cannot but entertain a conviction that unless the 
present government or principles of government are in some Avay aA'owedly up- 
held by England or the United States — by a protecting alliance, or by the 
declaration that no revolutionary movements would be permitted in any of the 
seaports on either ocean — further deplorable convulsions will afflict this unfor- 
tunate country, to the heavy injury of British interests and commerce, and to 
the disgrace of humanity. 

I do not believe it possible that the church party, or that the former rule of 
intolerance and of gross superstition can ever be restored to power; so far, at 
least, has been secured by the result of the last civil Avar — the first contest for 
principles, it may be remarked, in this republic. But the result of the intrigues 
of various parties with different views and hopes, and the difficulties and em- 
barrassments purposely brought to bear upon a weak and bankrupt government, 
may cause an early dismemberment of the republic, and its division into many 
petty States. 

The most imminent peril, however, to Mexico, and one which will equally 
press on any future as on the present government, is the deplorable state of its 
finances. On the one hand, the supreme government have no power to raise 
taxes, save with the consent of the States, (and the country, though possessed 
of great internal wealth, is, for the present year or more, utterly ruined and 
exhausted by the late war;) and on the other, the resources now receivable by 
the government are avowedly unequal to more than half the amount of the ex- 
penditure actually requisite. 



THE PRESENT CONDITION OF MEXICO. 247 

The chief revenues arise from the import duties, and not only are these grad- 
ually but surely diminishing, from the smuggling consequent on the high duties 
so unwisely imposed on cottons and woollens, and other goods of general con- 
sumption, but at this moment in Vera Cruz, the chief port of the rei^ublic, no 
less than 77 per cent, are claimed by foreign creditors. Of this amount — 

27 per cent, are assigned to the London bondholders. 

24 per cent, to the "British convention," which numbers very few English 

holders. 
10 per cent, extra to replace arrears. 

10 per cent, to replace the money at the mint of Guanaxuato. 
8 per cent, for the French convention. 

77 

The Mexican government has been accused, and not without some reason, of 
having frittered away the church property recently nationalized ; but it must be 
remembered that, while forced contributions, plunder, and immense supplies 
from the church and its supporters have enabled Generals Zuloaga and Miramon 
to sustain the civil war for three years, the constitutional government abstained 
from such acts, and have the sole robbery of the conducta at Lagos, towards 
the close of the Avar, to answer for. Their resources, during this lengthened 
period, were drawn from advances by individuals, on bonds for far larger sums, 
payable at the close of the war, and from the actual sale of a great part of this 
property at 25, 20, and even 15 per cent, of its supposed value. 

The advantageous disposal of the remainder was most detrimentally affected 
by the circulation of reports calculated to prevent the restoration of conhdcnce, 
and the consequent investment of money in the purchase of nationalized prop- 
erty; and the government have consequently been obliged by their necessities, 
after trying in vain every better mode of sale, to dispose of the property on 
"pagaros" (or promissory notes) to be paid off by instalments extending over 
several years. 

These "pagards," again, they are compelled to sell by auction, at a hea^y 
discount, to provide for the daily subsistence of the troops, and the maintenance 
of the government. 

From the foregoing details yoiir lordship will at once understand the precari- 
ous condition of Mexico, and that, without some foreign interposition, the dis- 
memberment of the republic and a national bankruptcy appear all but inevi- 
table. 

The session of the Mexican congress, after some preliminary time spent in 
verifying the elections, was opened on the 10th ; and I have the honor to en- 
close copies of the speeches of President Juarez, and of the president of the 
congress, on that occasion. 

I am sorry to say that I entertain but little hope of much practical advantage 
from their deliberations ; indeed, I know not that much is in their power, espe- 
cially with regard to the most pressing danger, the financial position of Mexico. 

The bondholders might, perhaps, save their capital by submitting to a tem- 
porary suspension of interest ; and the establishment of a more equitable tariff, 
which the government are pledged to me to virge upon the congress, may lay 
down a better future basis of revenue. 

But Mexico should, whatever her distress, at least commence at home ; and 
the holders of the immense internal debt should be the first to suffer for the 
ruin their own folly has caused or abetted. I much fear that the republic has 
not produced men of sufficient energy and honor to adopt this course, unsus- 
tained by some foreign interposition. 

The effort will always be made to make the foreigner the chief sufferer from 
the undoubtedly bankrupt state of the country. 



248 THE PEESENT CONDITION OF MEXICO. 

One of the fir.st acts of tlie congress will be to verify the election of the presi- 
dent, which has recently taken place thronghont the conntry : nnless one of the 
candidates has a majority of all the votes cast, the congress selects ; and it is 
thought very possibly that by this course Sefior Juarez, though highest on the 
list of candidates, may be defeated, and that General Ortega may be named. 

Her Majesty's envoy extraordinary and minister plenipoteniary, Sir Charles 
L. Wyke, and 3Ir. Johnston, arrived safely in this capital on the 9th instant. 



No. 8. 
Sir C. Wylie to Lord J. Russell. 

[Extract.] 

Mexico, May 27, 1861. 

In a long conversation I had with Scnor Guzman I dwelt on the astonish- 
ment that Avould naturally be felt by her Majesty's government when informed 
that no steps had yet been taken for the payment of the $660,000, which 
we must insist on being refunded to the parties from whom it had been stolen. 
I added that the honor of the Mexican government was directly concerned in 
this matter, and therefore fully expected to hear from him some explanation. 

Don Leon Guzmau was profuse in his jDrofessions of being willing to do all 
that could in justice be required of him, but whenever I attempted to get him 
out of generalities, he avoided the difficulty by stating that until I was formally 
installed as her Majesty's minister here, he could not officially treat the question 
^\\i\\ me, but again expressed his willingness to render every satisfaction when 
the proper time for so doing should arrive. As soon after the departure of the 
mail as possible I shall put his sincerity to the test. 

The term of delay granted for the repayment of the money stolen from the 
" conducta " by General Degollado expires on the 11th of next month, and I 
have every reason to believe that they are not prepared to meet the demand 
that will then be made upon them. 



No. 9. 

Sir C. Wyke to Lord J. Russell. 
[Extract] 

Mexico, May 21, 1861. 

It will be very difficult, if not impossible, to give your lordship a correct idea 
of the present state of affairs in this unfortimatc conntry, so utterly incompre- 
hensible is the conduct of the government which at present presides over its 
destinies. 

Animated by a blind hatred towards the church party, the present government 
has only thought of destroying and dissipating the immense proper!}' formerly 
belonging ti> tlie clergy, without, however, at the same time taking advantage of 
the wcahli tlius placed at their dis])osal to liquidate the many obligations which 
at present weigh them down and cri])])le their resoiirces. 

The clnu'cli prfijierty has generally been supposed to be worth between 
60,000,000 and !S0,0()0,000 Spanish d()llars, the whole of which appears to have 
been fritter(>d away Avithout the government having anything to show for it. A 
considerable amoimt has, doubtless, been spent in repaying advances at exorbi- 



THE PEESENT CONDITION OF MEXICO. 249 

tant interest, made to the liberal party when they were fighting their way to 
power ; but still enough ought to have remained after satisfying their creditors 
to have left them very well off, and in a better position as to their pecuniary re- 
sources than that held by any other government. 

Since their declaration of independence, according to a decree issiied by them 
some time ago, anybody denouncing church property has the right to purchase it 
on the following terms : 60 per cent, of the value of such houses or lands are to 
be paid in bonds of the internal debt, (which bonds are in reality only worth 6 
per cent.,) and the remaining 40 per cent, in "pagares" or promises to pay 
hard cash, at sixty, and even eighty months' sight. The pagares," of course, 
were subsequently discounted at an -enormous sacrifice, as the government was 
pressed for money, and willing to pay any nominal value to obtain it without 
delay. In this way 127,000,000 Avorth of church property has been squan 
dered in this city alone and the government, now without a sixpence, is 
endeavoring to raise a loan of $1,000,000 to pay their current expenses. 

The church party, although beaten, are not yet subdued, and several of their 
chiefs are within six leagues of the capital, at the head of forces varying from 
4,000 to 6,000 men. The notorious Marquez is one of these, and he has lately 
defeated several bodies of government troops sent against him. 

The religious feelings of a fanatic popiUation have been shocked by the de- 
struction of churches and convents all over the country, and the disbanded 
monks and friars wandering about amongst the people fan the flame of discon- 
tent, Avhich is kept alive by the women, who, as a body, are all in favor of the 
church. 

Those well acquainted with the country watch this movement Avith anxiety, 
and say that, unless promptly checked, it will lead to the downfall of the present 
government, and renew again all the horrors of a civil war. 

In the meantime congress, instead of enabling the government to put down 
the frightful disorder which reigns throughout the length and breadth of the land, 
is occupied in disj)uting about vain theories of so-called government on ultra- 
liberal principles, whilst the respectable part of the population is delivered up 
defenceless to the attacks of robbers and assassins, Avho swarm on the highroads 
and in the streets of the capital. The constitutional government is unable to 
maintain its authorty in the various States of the federation, which are becoming 
de facto perfectly independent, so that the same causes which, under similar cir- 
cumstances, broke up the confederation of Central America into five separate 
republics are now at work here, and will probably produce a like result. 

This state of things renders one all but powerless to obtain redress from a 
government which is solely occupied in maintaining its existence from day to day 
and therefore unwilling to attend to other people's misfortunes before their own. 
The only hope of improvement I can see is to be found in the small moderate 
party avIio may step in perhaps before all is lost, to save their country from im- 
pending ruin. Patriotism, in the common acceptation of the term, appears to 
be unknown, and no one man of any note is to be found in the ranks of either 
party. Contending factions struggle for the possession of power only to gratify 
either their cupidity or their revenge, and in the meantime the country sinks 
lower and lower, Avhilst its population becomes brutalized and degraded to an 
extent frightful to contemplate. 

Such is the actual state of affairs in Mexico, and your lordship will perceive 
therefore that there is little chance of justice or redress from such people, except 
by the employment of force to exact that Avhich both persuasion and menaces 
have hitherto failed to obtain. 



250 THE PRESENT COXDITIOX OF MEXICO. 

Xo. 10. 

Sir C. JVj/ke to Lord J. Russell. 

[Extract.] 

Mexico, June 24, 1861. 

In my dcspatcli of the 27tli ultimo I stated tliat I sliould take au early oppor- 
tmiity of te!?ting the sincerity of Don Leon Guzman, the new minister for foreign 
affairs, with reference to his assertion to me that the Mexican government were 
most anxious to atone, by any means in their power, for the outrage committed 
at the British legation in November last. 

My interview with him took place on Saturday, the 1st instant. He said 
that legal measures had been instituted against the persons who had stolen the 
$660,000 on that occasion, and that, if they were condemned by the courts, 
then' property would be confiscated, and the proceeds thereof employed towards 
paying off that sum. 

This I told him I had nothing whatever to do with, having merely to insist 
on the repayment of the money stolen, without in any way being concerned in 
the means by which it Avas to be procured. 

I pointed out to Senor Guzman that the speedy repayment of the sum above 
mentioned was essential, not only for the honor and credit of the Mexican gov- 
ernment, but also for the maintenance of friendly relations between the two 
countries. 

Don Leon then assured me that before the departure of the next mail he 
should be able to furnish me with such explanations relative to this matter as 
wonld prove satisfactory to her Majesty's government. 

With regard to the money robbed from the " Laguna Seca" conducta, he in- 
formed me that it should be paid at the end of the four months named as the 
term for liquidating this claim. 

On the Monday following, that is to say, the 3d of June, appeared in most 
of the newspapers a decree issued by the president, under the authority of the 
congress, -nhereby all payments to the creditors of the national treasury were 
suspended for the space of one year, with the exception of the claim commonly 
known as that of the "Laguna Seca," and of the diplomatic conventions. 

As the claim arising out of the legation robbery Avas not speeitied in the list 
of exceptions to non-payment, I addressed a note to Senor Guzman on the sub- 
ject, copy of which, together with a translation of his reply, I have the honor 
to enclose. 

Not deeming the latter satisfactory, I again wrote to him on the 7th instant, 
in order to maintain the position I had taken, as well also as to prove to him 
that I was perfectly justified in demanding an explanation as to the omission of 
all mention of the legation robbery claim in the decree of the 29th idtimo, 
which I herewith enclose for your lordship's information. Copy of this note I 
likewise transmit, together with translation of his reply, in which he endeavors 
to establish by inference the principle that the actual perpetrators of the lega- 
tion outrage are alone responsible for the Avrong done on that occasion. 

Seeing the necessity of at once checking this attempt to shift the rasponsibil- 
ity from off the shoulders of the ]\[exican government, I again addressed Senor 
Guzman on the 14th instant, which note had the effect of producing a reply, 
shoeing considerable temper, and in which it is plainly asserted that they will 
do nothing tliat they are not strictly bound to perform by the agreement made 
with ^Ir. ]\Iathew at the time of his recognition of the Juarez government. 

The tone of this communication was, taking into consideration the general 
style of their official correspondence, anything but courteous, and it tlurefore 
called forth a reply from me couched in even stronger tenns than my note of 



THE PRESENT CONDITIOX OF MEXICO. - 251 

the 14tli instant. I have the honor to enclose copy of this despatch, Avhich has 
remained unanswered up to the present moment, owing, I suppose, to the resig- 
nation of the Guzman administration. 

In order to avoid all confusion, I will treat of the "Laguna Seca" claim in a 
separate despatch, enclosing therein the correspondence which has taken place 
with reference to it between the Mexican government and her Majesty's lega- 
tion. 



Enclosure 1 in No. 10. 



Sir C. Wi/ke to Senor Guzman. 

Mexico, June 3, 1861. 

Sir : In the second article of a decree bearing the president's signature, and 
dated the 29th ultimo, but which was only brought to my notice this morning, 
I perceive that the payment of all claims against the national treasury, except 
those guaranteed by diplomatic conventions, and the one commonly knoAATi as 
that of the " Laguna Seca," is to be suspended for the period of tAvelve calendar 
months. 

Without entering into the grave questions that may arise out of the practical 
operation of this decree, I will simply call your attention on the present occa- 
sion to the omission of all mention in it of the claim caused by robbery from 
her Majesty's legation of the sum of $660,000 belonging to the English bond- 
holders. 

The settlement of this claim, which so nearly affects the honor and credit of 
the Mexican government, cannot surely be intended to be postponed until after 
the expiration of the term mentioned in said decree for the suspension of pay- 
ment. 

Your excellency will greatly oblige me by clearing up all doubt on this sub- 
ject, for the question involved is one of the greatest importance, as nearly affect- 
ing those good relations between our respective governments Avhich it is our 
duty as well also, I am sure, our mutual desire to maintain. 
I avail, &c. 

C. LENNOX WYKE. 



Enclosure 2 in No. 10. 



Senor Guzman to Sir C. Wyke. 
[Translation.] 

Mexico, June 6, 1861. 

The undersigned, &c., has the honor of replying to the note of his excellency 
the British minister under date of the 3d instant, in which his excellency is 
pleased to ask for an explanation of the omission to include among the excep- 
tions to the decree of the 29th of May last, upon the siibject of a general sus- 
pension of treasury payments, the $660,000 belonging to the London bond 
holders, and stolen by the rebels from her Britannic Majesty's legation. 

In doing so, the undersigned has the honor to inform Sir Charles Wyke that 
the suspension of payments does not and could not include the 660,000 
in question, and consequently there was no necessity to make any exception 
in this case. 

By the arrangement made in the matter of the $660,000 the Mexican gov- 



252 THE PRESENT CONDITION OF MEXICO. 

erament lias assigned for their payment the property of the responsible par- 
ties, and only in the event of snch property proving insufficient for the purpose 
did it engage itself to treat of and settle amicably the reimbursement of the 
whole sum. Inasmuch, then, as the money is not being paid by the national 
treasury, the suspension of payments referred to does not and cannot affect it. 

Were, indeed, the treasury eventually called upon to make good any deficiency, 
the suspension of payments could never prove an obstacle in the way of its 
carrying out such an arrangement. 

In offering these explanations, which he doubts not will appear satisfactory 
to Sir C. L. Wyke, the undersigned, &c. 

LEON GUZMAN. 



Enclosure 3 in No. 10. 
Decree. 



Le citoyen Benito Juarez, President Interimaire Coustitutionncl des Etats- 
TJni ]Mexicains, a tons leurs habitants faisons savoir : 

Que le Congres Souverain de la nation a bien voulu decreter ce qui siiit : — 
Article 1. L'Executif est autorise a mettre en cours force des titres (" es- 
crituras") de capitaux nationaux imposes sur immeublcs ruraux et urbains, en 
quantite suffisante pour lui procurer le 1,000,000 piastres auquel se refere le 
l)ecret du 20 du coioi-ant, avee un escompte pouvaut s'elever jusqu'au deux 
pour cent, mensuel. 

Art. 2. Sont suspendus, pour une annee, les paiements aux creanciers du 
Tresor national, a Tcxception de celui de la conduite de Lagima Seca, et des 
conventions diplomatiques ; pendant ce temps, le Congres de I'Union reudra 
les lois de credit public, de suppression des douanes intcrieures et "alcabalas," 
de relbrme de Tarif et d'etablissement de la contribution directe. 

Art. 3. L'Executif presentera une initiative d'arrangement pour la sus- 
pension des conventions diplomatiques, en rendant compte du resultat an Congres 
pour son approbation. 

Articulo 4. En dehors des exceptions qu'etablit I'article 2 I'Executif ne 
pourra faire d'autres paiements que ceux d'administration. 

Donne dans la Salle des Seances du Congres de I'Union, le 29 Mai, 1S61. 

JOSE MAEIA AGUIREE, 

Depute President. 
GUILLEEMO VALLE, 

Dejmie Secretaire. 
E. ROBLES GIL, 

Depute Secretaire. 
Pourquoi j'ordonne, &c. 

Palais du Gouvernement Fkderal a Mexico, le 29 Mai, ISGl. 

Au Citoyen Jose Maria Castaxos, 

Blinistre des Finances et dxi Credit Public. 



Enclosure 4 in No. 10. 
Sir C. IVi/kc to Selior Guzman. 

Mexico, June 7, ISGl. 

Sir: I have the honor to acknowledge receipt of your excellency's communi- 
cation bearing yesterday's date, in reply to my despatch of the 3d instant, in 
which I requested you to iufonn me why all mention of the legation robbery 



THE PEESENT CONDITION OF MEXICO. 253 

had been omitted from tliat article of tlie decree of the 29th ultimo which speci- 
fies the exceptions that are to be made to the suspension of payment of all claims 
against the national treasury for the space of twelve calendar months. 

In the second paragraph of your above-named despatch, your excellency in- 
forms me that the decree of the 29th could not affect the case of the legation 
robbery, and that consequently there was no necessity to mention the claim 
arising therefrom in the list of exceptions to the general rule of a suspension of 
payments ; and yet, in the concluding sentence of the third paragraph, you in- 
form me that if the means adopted for the liquidation of this claim should prove 
insufficient, that then the national treasury would make up the deficit. 

Seeing that this must eventually be the case, your excellency will easily 
understand why I was anxious to obtain the assurance which you have now 
given me, that the payment shall be made out of the national treasury, for the 
means you have hitherto adopted to repay the money stolen have not produced 
the desired result. 

As I had the honor of stating to you in our recent conversation with reference 
to this matter, the prompt settlement of this claim equally affects the honor of 
both governments, an opinion in which you fully concurred, at the same time 
assuring me that before the departure of the next European mail you would be 
able to prove to me the honorable intentions of your government in doing all in 
their power to satisfy the just demands of that of her Majesty. 

Fully trusting in that assurance, I will no longer dwell upon a subject the 
importance of Avhich is well known to your excellency ; indeed, I should not 
again have alluded to it, were it not for my desire to prevent the possibility of 
any misunderstanding arising Avith reference to it. 
I avail, &c. 

C. LENNOX WYKE. 



Enclosure 5 ia No. 10. 



Senior Guzman to Sir C. Wyke. 

[TianslatioD.] 

Mexico, June 12, 1861. 

With your excellency's note of the 3d instant, which the undersigned had the 
honor of receiving on the 4th, the question raised by your excellency about no 
exception having been made in the decree of the 29th for the robbery committed 
by the rebels at the British legation should have terminated. But, like yoiu* 
excellency, the undersigned is desirous of preventing any misunderstanding upon 
this point, and considers himself, therefore, under the necessity of explaining 
matters. 

Now there is a palpable difference between asserting, as did the undersigned, 
that, in the event of the legation robbery not being covered by the property of 
the perpetrators thereof, the Mexican government were under an obligation to 
treat about and arrange the reimbursement of the moneys taken, and positively 
affirming that under similar circumstances the deficiency would have to be cov- 
ered by the national treasury. 

The undersigned hinted, indeed, at the possibility of such a contingency, but 
he never did, nor could he, say that it was a certainty; such a statement was 
out of the question, inasmuch as it is not possible to give a positive assurance 
about any matter which has to be treated of and settled, before the treatment 
and settlement shall have taken place. 

With regard to the loyal intentions of the Mexican government, of which the 



254 THE PEESENT CONDITION OF MEXICO. 

undersigned lias assured your excellency — your excellency at the same time 
being pleased to acknowledge tliem — tlie undersigned can state that stringent 
orders have been given for expediting the judicial inquiries Avhich have been in- 
stituted, so as to permit of the money stolen from the legation being repaid by 
whatever property of the responsible parties has been or may be embargoed. 
The undersigned, &c. 

LEON GUZMAN. 



Enclosure 6 in No. 10. 
Sir C. Wj/ke to SeJior Chizman. 

Mexico, June 14, 1861. 

Sir : Unwilling as I am to prolong a correspondence which I fear will lead 
to no practical result for some time to come, yet I cannot pass over in silence 
your excellency's note of the 12th instant, written in reply to mine of the 7th, 
"nathout at once protesting against the doctrine therein attempted to be established 
by inference, to the effect that the actual perpetrators of the legation outrage are 
alone responsible, in their persons and property, for the wrong done on the 17th 
of November last. 

Now, according to every principle of international law having reference to 
cases in any way similar to the one ui point, her Majesty's government is per- 
fectly jnstilied in holding the State of Mexico (I use the word in its largest sense) 
responsible for the insult done to their legation, and the robbery of British projj- 
erty committed on that occasion, without in any way occupying themselves with 
the mere individuals who acquired so unfortunate a notoriety by a crime Avhich 
it shoidd have been the first duty of the present government to punish and 
atone for. 

It was an express stipulation on the part of her Majesty government, before 
recognizing that of President Juarez, that this obligation should be comjilied 
with, and Mr. Mathew, late her Majesty's charge d'affaires, was so fully con- 
\dnced of the sincerity of his excellency's then cabinet in this matter, that he at 
once proffered the recognition he had to offer, without waiting to see the accom- 
plishment of a duty which was binding, in honor as well as justice, on the parties 
who had inherited the advantages as well as the responsibilities of their prede- 
cessors. 

If Mr. Mathew's confidence has been misplaced, that can in no way affect the 
rights of her Majesty's government in this matter, which, as represented by me, 
I now again insist on, as well for the principle involved as for the interests of the 
parties concerned. 

When I had the honor of communicating verbally Avith your excellency on this 
subject, 1 had hoped that you had clearly understood the view taken of this 
question by her Majesty's government, and the more so as, according to those 
principles of international law now universally acknowledged, there is only one 
way of looking at it. 

I avail, &c, 

C. LENNOX WYEJE. 



THE PRESENT CONDITION OF MEXICO. 255 

Enclosure 7 in No. 10. 

Senor Guzman to Sir C. Wyke. 

[Translation.] 

National Palace, Mexico, June 15, 1861. 

Tlie undersigned, &c., has the honor to address himself to his excellency Sir 
Charles Lennox "Wyke, &c., and to inform him that, "without insisting upon con- 
tinuing the correspondence that his excellency was pleased to commence, and 
which, according to the declaration in his note of the 14th instant, he does not 
desire to prolong, the undersigned must take notice of the protest that his ex- 
cellency makes "against the doctrine which is attempted to be established by 
inference, to the effect that the actual perpetrators of the legation outrage are 
alone responsible in their persons and property for the Avi-oug done on the 17th 
of November last." 

Withoiit entering into a question which is irrelevant, and confining himself to 
his note of the 12th instant, the undersigned finds himself compelled to explain 
matters by observing that in his said note of the 12tli no doctrines were laid 
down, but facts were recalled ; facts consigned in an agreement concluded be- 
tween the agent accredited by the English government and the minister of 
foreign affairs of the Mexican government. 

The government of the undersigned is disposed to treat questions of right on 
the ground of justice and reason, but will not prejudice them, nor allow them to 
be prejudiced, by introducing them incidentally and out of their pLice, or con- 
trary to established forms. Thus, then, and without its being understood that 
the doctrines noted down by his excellency are accepted or rejected, the under- 
signed has the honor to assure him that in the matter of the legation robbery he 
will be strictly bound by the agreement entered into by the representatives of 
both governments, without discussing whether it be good or bad, inasmuch as 
the opportunity of so doing has passed. 

The undersigned hopes that his excellency will do him the justice to admit 
that he cannot occupy himself in this note with the other qiiestions that his ex- 
cellency introduces into his note, because, if upon this principle we were to go 
on mixing up questions indiscriminately, their solution would become more and 
more intricate and eventually impossible. If, on the contrary, we give to each 
one the independent place its nature requires, its solution will be as easy as it 
will.be prompt. 

The undersigned, &c. 

LEON GUZMAN. 



Enclosure 8 in No. 10. 



Sir. C. Wyke to Senior Guzman. 

Mexico, June 18, 1861. 

Sir : I have the honor to acknowledge receipt of you excellency's note of the 
15tli instant, a careful perusal of which leads me to infer that you think you 
have a right to complain of the tone of my communication of the 14th, to which 
it is a reply. 

In that despatch I endeavored, in tenns as clear and concise as possible, to 
put the question which has given rise to the present correspondence in its proper 
light, and in doing so I conceive I was fulfilling a duty imperative on me to per- 



256 THE PEESEXT CONDITION OF MEXICO, 

fonn, as no possible misunderstanding as to the views of lier Majesty's govern- 
ment witli reference to this matter must arise, as far as it lies in my power to 
prevent it. 

On tlie 17tli of November last an outrage was committed by tlie dt facto 
government of Mexico on the legation of a friendly power, which was not only 
a disgrace to its perpetrators, but a direct act of felony on the subjects of that 
power; and this crime up to the present moment remains unatoned for. 

It is not by the vain promises of an agreement, never yet acted up to, that 
such a scandal can either be forgotten or forgiven, and therefore I should be de- 
ceiving you were I not clearly to point out that her Majesty's government will 
hold the republic of Mexico and its government directly responsible for Avhat is 
complained of. 

In succeeding to the offices of your predecessors, you have inherited their 
responsibilities, and international law renders these as binding on you as if the 
last three years' civil war had never existed, and you had peaceably succeeded 
to the places of the fonner administration. The continuance of the good rela- 
tions now existing between our respective governments renders the clear under- 
standing of this principle absolutely necessary, and therefore no false delicacy 
shall prevent my insisting upon it, however ungracious it may appear on my 
part thus repeatedly urging it upon your excellency's attention. 

You inform me that no doctrine was laid down in your excellency's note of 
the 12th, but that acts were therein recalled, "acts consigned in an agreement 
concluded between the accredited agents of our respective governments." 

I have looked in vain in that communication for the mention of any act of 
reparation, and have foimd only promises of redress to the effect that the per- 
sonal property of the individuals who committed the outrages shall, if condemned 
by the legal authorities, be held liable to indemnify the losses sustained by 
British subjects on the occasion referred to. 

Now, in the first place, the legal process Avhich you mention has, iip to the 
present moment, resulted in absolutely nothing; and in the second, had it even 
produced the full effects which you desired, the pecuniary resources thus ob- 
tained would have proved quite inadequate to cover the loss sustained, as it is 
notorious that the value of the united property of all the parties concerned iu 
the legation robbery would not exceed one-sixth part of the money stolen on that 
occasion. 

Your excellency informs me that your government is disposed to treat ques- 
tions of right on the grounds of justice and reason, but will not allow them to 
be prejudiced by being introduced incidentally and out of place, iu violatiqn of 
established form. 

It is in complete accordance with the rule that you have thus laid do^\•n that 
I now again call upon your government to treat this grave question on the prin- 
ciples of justice and right, by adopting serious measures for repairing the wrong 
done instead of repeating promises which have hitherto led to nothing, and 
which never can lead, as already pointed out, to anything but a partial repara- 
tion of an insult and an injury to the nation Avhich I have the honor to re- 
present. 

I see no use whatever in prolonging a correspondence on this sul)ject. which 
must be treated according to the well-defined principles of international law, and 
not according to the partial Avishes of one of the parties interested in it. 

Having thus placed you in possession of the views of her Majesty's govern- 
ment Avith reference to this question, I avail, &c., 

C. LENNOX WYKE 



THE PEESENT CONDITION OF MEXICO. 257 

No. 11. 

/>'?> C. Wyke to Lord J. Russell. 

Mexico, Ju7ie 24, 1861, 

My Lord : On the recognition of the Juarez government by Mr. Mathew it 
was agreed on with them that the remainder of the money due from the robbery 
of the "Laguna Seca" conducta should be repaid within four months from the 
date of such recognition. 

The term having expired on the 11th instant, I then addressed a note to Seiior 
Guzman on the subject, copy of which I have herewith the honor to enclose^ 
together with the translation of his excellency's reply, by Avhich your lordship 
will perceive that the difficulty of the situation and the penury of the treasury 
are urged as excuses for not fulfilling their engagement by the payment in specie 
of the debt owing. Such being the case he offers compensation in the shape of 
convents, farms recently belonging to the church, or even the national palace- 
itself; and if these should not suffice, his excellency proposes that each in- 
dividual claim shall be admitted to the full amount in payment of duties on any 
future importations made by any of the parties having such claims. Nothing- 
can apparently be fairer than such a proposal, but to anybody actually on the 
spot its unsatisfactory nature is at once ap])arent for the following reasons: 

Were this government to be upset and the church party to return to power, 
any such grants as those above named would at once be repudiated; and the- 
remission of duties, which is the most plausible of the proposals made, might at 
any moment be set aside by a decree founded on the urgent necessities of the 
government for ready money to cany on their current expenses. 

On my cummunicating a copy of Seuor Gruzman's note of the 12th, through 
Consul Glennie, to the parties interested, they, after due consideration, refused 
the offer made on these grounds; at the same time saying that what they wanted 
was ready money to meet the engagements which had devolved on them in con- 
sequence of the I'obbery of the "Laguna Seca" conducta, which refusal I con- 
veyed to Senor Guzman in a note dated the 22d instant, copy of which I have 
now the honor to enclose. 

Knowing the utter impossibility of obtaining ready money from a government 
which is actually penniless, I recommended the parties mterested not to refuse 
listening to any further proposals that the Mexican commissioners might have 
to make them, and they, in compliance with my recommendation, have accord- 
ingly named two members of their body to represent them m the conferences 
now about to take place with reference to this matter. Thus stands the case at 
present, and I fear that in this instance also the interests of British subjects 
will again be sacrificed to the reckless folly and bad faith of this government. 
I have, &c. 

C. LENNOX WYKE 



Enclosure 1 ia No. 11. 
Sir C. WyTie to Senor Guzman. 

Mexico, June 11, 1861. 

Sir : A few days ago I had the honor of explaining to your excellency the 
present position of what is generally known as the "Laguna Seca" conducta 
claim, and as on that occasion I gathered from your excellency's remarks that 
the Mexican government considered itself bound to carry out in all sincerity the 

H. Ex. Doc. 100 17 



258 THE PRESENT CONDITION OF MEXICO. 

arrangements for repayment laid doAvn in Seiior Zarco's note to !Mr. Matliew of 
the 12tli of February last, I request your excellency to inform me, at your 
earliest convenience, to whom the suftercrs by the above-named robbery are to 
apply, at the ports of Vera Cruz and Tampico, for the sum of money forcibly 
taken from them by Seiior Degollado at Lag-una Seca. 

This sum, as I believe your excellency is aware, amoimts, with interest, to 
8285,569 38, and I may further add that every British subject interested in the 
question is furnished with, and ready to produce, the documents necessary to 
prove the legitimacy of his particular reclamation. 
I avail, &c. 

C. LENNOX WYKE. 



Enclosure 2 ia No 11. 

Seno?' Guzman to Sir C. lV}/ke. 

[Translation.] 

Mexico, June 12, 1861. 

The undersigned, &c., has the honor to reply to the note of his excellency 
Sir C. Lennox Wyke, &c., under date of yesterday, and to inform him that the 
government of Mexico always has been and ever will be ready to fulfil its en- 
gagements with British subjects. This is more especially the case Avith respect 
to the funds seized by General Degollado at Laguna Seca, so much so that even 
when the government was compelled to make a general suspension of payments 
care was taken not to include therein the funds in question. 

The government has spared no effort to get together sufficient moneys for 
meeting the debt, the payment of which, Avith the fullest intention of acting up 
to their engagements, they had fixed for the 11th instant. The difficulties, 
however, of the moment, combined with the penury of the treasury — fiicts 
Avhich are now publicly notorious, and have doubtless come to the knowledge of 
your excellency — liaA'e rendered of no avail the eff'orts of government, and 
frustrated their best intentions ; still good security has been given, and no small 
portion of the Laguna Seca credits taken as cash-payments. 

Thus, then, the undersigned is under the painful necessity of informing your 
excellency that it will be quite impossible for the government to fulfil, at the 
■ specified time, their engagements in the matter of Laguna Seca, and they are 
•consequently placed in the painful position of haA-ing to enter into some fresh 
;an-angement Avith the parties interested therein. 

If the financial crisis Avas of less import, if the government could count upon 
itheir actual resources being sufficient to cover e\'en a portion of their most 
pressing liabilities, they Avoujd assign part of those resources for the settlement 
of the above preferential claim. Owing, hoAvever, to the extreme scarcity of 
•money, and to the certainty that for the moment cash-payments are quite out of 
the question, they prefer aA'OAving honestly their actual position to hazarding 
^some new j)romisc, Avhich they Avonld find themseh'es under the painful ncces- 
• sity of breaking. 

The goA'^ernment recognizes the just rights of the creditors, and are resoh'cd 
upon making every possible sacrifice in order to satisfy them. Gtn'ernment can 
dispose of convents and other A-aluable property. These, and cvqw the national 
palace, are at the creditors' disposal; they may take their choice, and Avhatever 
they select shall at once be consigned to them at an equitable and conventional 
price. 

Tliesc same creditors, moreoA'cr, can count upon their credits being admitted 
as cash in any transactions, whether on accoiuit of duties, or otherAvise, Avhicli 
•they may have with government. 



THE PRESENT CONDITION OF MEXICO. 259 

In order satisfactorily to arrange their business, Mr. Deputy Mata and Senor 
Zarco liave been appointed commissioners to treat witli the parties interested, 
who, on their part, may likewise talk over the matter with those gentlemen, and 
make whatever propositions they may deem suitable, always remembering that the 
government will leave nothing undone to bring the question at issue to an ami- 
cable and successful termination. 
The undersigned, &c. 

LEON GUZMAN. 



Enclosure 3 in No. 11. 
Sir C. Wyke to Senor Guzman. 

Mexico, June 22, 1861. 

Sir: On the receipt of your excellency's note of the 12th instant I commu- 
nicated a copy of it to those persons directly interested m the question to Avhich 
it referred. 

It was only yesterday that I was made acquainted with their views on the 
subject, which I will now put you in possession of as briefly as possible. They 
naturally cannot accept the plea of poverty put forward to excuse the non-pay- 
ment of so sacred an obligation as that contracted by the Mexican government 
with her Majesty's late charge d'affaires on the occasion of that government re- 
ceiving the formal recognition of Great Britain, Avhcn the repayment within the 
space of four months of the money belonging to British subjects that had been 
stolen from the conducta of the Laguna Seca was one of the express conditions 
on which that recognition depended. Since that engagement was entered into 
several millions of hard dollars have passed through the hands of the Mexican 
government, so that they cannot, with anything like reason, plead their poverty 
as an excuse for not having provided the funds necessary to meet the demand 
now brought against them. 

It is clear that as specie Avas stolen money should be repaid, for it is Avith 
currency alone, or good bills to the same amount, that the engagements of the 
sufferers in this affair can be duly met. Fai'ms, couA'ents, or even the national 
palace itself, may be valuable property in its Avay, and yet not at all suit the 
wants of those Avho, as in the present instance, Avould not be able to convert it 
into ready money for their immediate necessities. 

For these reasons the parties interested cannot accept the offer of indemnifi- 
cation made to them in your excellency's letter to me above mentioned, and must 
hold the Mexican government responsible for all loss and prejudice accruing to 
them through that govornment failiug to repay the money OAving Avithin the time 
specified. 

As, however, it would not be courteous absolutely to refuse the offer made in 
your excellency's letter of the 12th, I have recommended the parties interested 
to name tAvo amongst their number to Avait on the commissioners appointed by 
your excellency, in order to learn from those gentlemen Avhat further steps the 
Mexican government intends taking Avith a view of satisfying this pending claim 
against them. 

I have just learned that Mr. Whitehead and Mr. Watson have been appointed 
by the English merchants to confer Avith your commissioners, Don Jose M. Mata 
and Don Francisco Zarco, and I trust that, in the conferences about to be held 
between them, some means may be found for protecting the interests, and at the 
same time satisfying the just demands, of those persons in whose name I have 
had the honor to address you. 
I avail, &c. 

C. LENNOX WYE:e. 



260 THE PEESEXT CONDITION OF MEXICO. 



No. 12. 

Sir C. Wyke to Lord J. Russell. 

[Extract.] 

Mexico, June 25, 1861, 

A penisal of my preceding despatches and their enclosures will prove to your 
lordship that no further reliance can be placed on the promises or even the 
formal engagements of the Mexican government. 

If the old church party succeeds in driving from power the present ultra 
liberal administration, we shall then be even still worse off, as will be seen by 
the enclosed copy of a decree recently sent to me by ex-President Zuloaga, who, 
with his lieutenant, Marquez, is at the head of a considerable armed force, which, 
after twice defeating the government troops, is at this very moment attacking 
the gates of the city of Mexico. 

It will thus be seen that, with the contending parties, we have not a chance 
of obtaining justice from either as long as we confine oiu-selves to remonstrating 
instead of employing coercion. 

Under such circumstances it appears to me that only two courses are open to 
us, viz : either to withdraw the mission altogether from a country Avhere its dig- 
nity is compromised, and where, conseqiiently, it has become useless, or else to 
support its influence by such means as will compel obedience to our just demands, 
and obtain that redress for the wrongs and grievances of British subjects which 
they are lawfully entitled to claim. 

There is but one way of obtaining such redress, and that is by employing her 
Majesty's naval forces simitltaneously at the ports on both coasts of this repub- 
lic, when the moral effect produced would equal the material pressure, and 
insure prompt compliance with any conditions which we might choose to 
impose. 

Captain Aldham, who during the last three years has gained a very clear 
insight into the Mexican character, and the manner of evading their engage- 
ments so peculiar to their officials, is of opinion that the time for leniency is 
past, and that if we mean to protect the lives and properties of British subjects 
coercive measures must now be employed. 

Before he left the station I consulted with him upon the best means of using 
such coercion should it become ine^atable, and I will now convey his views to 
your lordship in as few words as possible. 

He thinks that a blockade is not advisable, on account of the large force that 
would be required for that purpose on so extensive a line of coast, to say nothing 
of the commercial difficulties to Avhich it would give rise, besides the fact that 
by so blockading we should actually be robbing oiu'sclves of the percentage ou 
the duties levied at Vera Cruz and Tam])ico. 

This plan, then, presenthig so many objections, Captain Aldham is of opinion 
that the next best thing to be done is to take possession of the custom-houses 
of Vera Cruz, Tampico, and Matamoros, on the Atlantic ; and of either Acapulco, 
Mnzatlan, or San Bias, on the Pacific; to lower the duties on all goods landed 
at those ])laces ; and to pay ourselves by the percentage to ^^ liich we are enti- 
tled, but which we now never obtain, owing to the rascality of the Mexican 
authorities, Avho cither suspend payment altogether, or only give us one-fifth of 
what we ought to receive. Eeducing the tariff would naturally largely increase 
the importations, and thus enable us rapidly to pay off long arrears of what is 
now owing to us, and which we shall never obtain without some measure of 
this sort being adopted. 

It may be urged against this plan, that the Mexican goveniment woiiJd place 



THE PRESENT CONDITION OF MEXICO. 261 

a line of interior custom-houses for levying other duties, and thus partially defeat 
the object we have in view. But this objection is easily set aside by anybody 
really knowing the country, as the badly paid and venal officers serving on this 
second line would not be able to resist the temptations which the importers at 
the ports who had paid only a low entrance duty would know how to throw in 
their way ; besides, the Mexican traders themselves would not allow such an 
impost to be levied, and would, for their own interests, force the goods into the 
interior, when, by their sale, they would realize large profits. 

In order to take and hold these places. Captain Aldham considers that a 
squadron of from six to ten vessels-of-war should be employed ; some of these 
should be of the frigate class, and others gunboats drawing not more than from 
seven to eight feet of water. 

Vera Cruz and Tampico are the most important places on the Atlantic, owing 
to their trade and the specie shipped there, and these are the only places on 
either coast which would, in Captain Aldham's opinion, require any force to take 
possession of. Two frigates at the anchorage, and a garrison of 300 men for 
the Castle of San Juan de Ulloa, would be sufficient to hold the former town, 
it being completely commanded by the castle which is roomy and airy, and not 
unfitted, Captain Aldham says, for a British garrison. 

Tampico lies some seven miles up the river, which has seldom more than six 
to ten feet of water on the bar. There would be no difficulty in taking the 
place, and a garrison of from 100 to 200 men, with one or two gunboats, he 
thinks enough to hold it. 

On the Pacific coast, Acapulco is probably the most important place for trade ; 
Mazatlan comes next, and then San Bias. 

The former has a good anchorage, but its climate is unhealthy. Mazatlan 
could easily be garrisoned by a small force, and there is high ground overlooking 
the town already fortified. 

San Bias is an open roadstead, and unsafe in the rainy season; it is of im- 
portance from its trade and the specie shipped there. 

For the object we have in view, I think taking one or two of these places 
quite sufficient, and the naval officer in command on that coast could use his 
discretion as to which of them he should occupy. 

Should her Majesty's government adopt a course which I am convinced will pre- 
vent all future difficulties with Mexico, the sooner measures are taken for carrying 
this plan into execution the better, for the sake of putting a stop to an accumu- 
lation of grievances and claims which will go on increasing iintil this govern- 
ment is taught that it cannot set every principle of justice at defiance with 
impunity. 

The French have only a small debt of $190,000 to recover, which is being 
chiefly paid off by 25 per cent, of the import duties levied at Vera Cruz on car- 
goes brought in French ships. The Spanish claim 8 per cent, on all import 
duties for some claim of theirs which is in suspense, and therefore the interest 
thereon is not paid. Besides this they have what is known as the Padre Mornn 
claim of $825,000, which receives about a sixth of the sum assigned to the British 
convention. 

I mention these obligations to foreign governments because they would gladly 
see our occupation of these ports, from a knowledge that, under our administra- 
tion, justice would be awarded to all, and that the money thus collected would 
be fairly distributed amongst the various claimants. 

From the moment that we show our determination no longer to suffer British 
subjects to be robbed and murdered with impunity we shall be respected, and 
every rational Mexican will approve of a measure which they themselves are 
the first to say is necessary, in order to put a stop to the excesses daily and 
hourly committed under a government as corrupt as it is powerless to maintain 
order, or cause its own laws to be execnted. 



262 THE PEESENT CONDITION OF MEXICO. 

Enclosure in No. 12, 

Decree. 

[Translation.] 

Felix Zuloaga, general of brigade and president ad interim of tLe Mexican 
rejiublic, to its inhabitants. Be it known — 

That in virtue of the full powers with which I am invested, I have been pleased 
to decree the following : 

Article 1. The party in Mexico that at present assumes the title of govern- 
ment, not possessing any character of legality, all its acts are null and void, and 
for the same reason the government of Tacubaya does not recognize any engage- 
ments that may be entered into with the government that has intruded itself into 
power. 

Art. 2. Every individual who shall lend to the faction denominated " Con- 
stitutional" any sort of help, whether as a loan or in any other manner, shall 
pay afterwards to the government of Tacubaya double the quantity that he may 
have furnished, and will remain subject to the penalties which he may have 
incurred, as settled by the law, as an enemy of his country. 

Art. 3. All foreigners, of Avhatever nationality they may be, are included in 
the preceding articles. 

Given at headquarters, at Tepeji del Rio, this 4th of June, 1861. 

FELIX ZULOAGA. 

Don Antonio Andrade, 

Under Secretary of State charged with the Department. 

I have the honor to communicate the above to yoiu' excellency for your in- 
formation, and for the due fulfilment of the same. 
God and order! 

J. ANTO. ANDRADE. 
Tepeji del Rio, Jtine 4, 1861. 



No. 13. 
Sir C. JVyke to Lord J. Russell. 

Mexico, June 21, 1861. 

My Lord : Although the enclosed extract from this day's " Mexican Extra- 
ordinary" gives an account of the outrages perpetrated on IBritish subjects which 
is not accurate in all its details, I still think it worthy of your lordship's notice, 
as showing at a glance the amount of wrong done, Avhich still remains to be 
atoned for. 

The list is unfortiniately by no means complete, but I forward it as it is, in 
order that your lordship may form an idea of the indignation felt by the English 
comnuinity in Mexico at being subjected to such brutality, without ever obtain- 
ing redress from the successive governments of this republic, each of which 
invariably asserts that it is not responsible for the acts of its predecessor. 
I have, &:c. 

C. LENNOX WYKE. 



THE PEESEXT CONDITION OF MEXICO. 263 

Enclosure in No. 13. 

Extract from the ^' JMcxican Extraardinarij^^ of June 27, 1861. 

Foreign Interests in Mexico. — No. 2. 
British claims of the small and most distressing class. 

On the 25th of last month we refen-ed at some length to the condition of 
British interests in Mexico. We now r^esume the subject, and shall notice on 
this occasion a portion of the most flagrant outrages which have been perpetrated 
upon British residents, leaving for another occasion the publication of more, and 
our own lengthened remarks. The robbery of the legation and the various 
"conductas" are subjects fresh in the memory of every one, and as these outrages 
affect the interests of the wealthy and influential, they are likely to absorb that 
attention which should, we submit, be shared by the humbler sufferer. Our 
mission is to lay facts before the world and thus to excite action, and it little 
matters whether it be from motives of duty or from shame, so long as our proper 
protectors are made to move. In continuation we give a brief notice of some 
of the objects of our present article: 

Mr. Bodmer's case. — This gentleman, who was her Majesty's vice-consul at 
Tasco, was shot in the balcony of his house Avhilst endeavoring to save an un- 
fortunate Mexican from ill-treatment at the hands of some of Vicario's troops, 
who had made a sudden irruption into the town. Mr. Bodmer was a man uni- 
versally respected ; upon three several occasions had he saved the city of Tasco 
from being sacked by one or other of the contending parties. He held a very 
lucrative appointment in the mine of the Pedregal, and has left a widow and 
three children, totally unprovided for. 

Mr. Bumand's case. — This gentleman was the first to establish a manufactory 
of glass in this country. 

In the year 1852 he erected on some property, situated about five leagues 
from the city of Mexico, a manufactory on a very considerable scale, and had 
just got it into working order, Avhen the whole of the premises were arbitrarily 
taken possession of by Santa Anna, and it was not until the end of 1856, when 
Comonfort came to the head of affairs, that the property was restored to him, 
but in so dilapidated and ruined a condition that it was two years before he 
could place the factory in a proper state to resume operations. In March 1860 
the factory was attacked by a portion of the liberal forces and sacked, and on 
the 2d of April of the same year another body of men belonging to the same 
party entered the premises at night, attacked Mr. Burnand, inflicted on him 
sixteen sabre cuts, broke three of his ribs, left him for dead, and effectually de- 
stroyed all that had been spared by their predecessors. The life of Mr. Burnand 
was for a long time despaired of, his left arm had to be amputated, and he is 
now a man wreck. The shock Avas so great that his poor wife lost her senses, 
and his eldest daughter has now since been subject to epileptic fits. From being 
a man of considerable property, Mr. Burnand has been reduced almost to a state 
of starvation. Maimed, mutilated, and reduced in health, it is no longer in his 
power by his own exertion to provide for his unfortunate family, and all he has 
to look to is the reparation that may be exacted from the Mexican nation for 
these repeated and fearful outrages. Should this case fall under the observation 
of her Majesty's ministers, as we trust it will, surely immediate steps will be 
taken to relieve this gentleman and his family from the utter state of destitution 
into which they have been plunged. 

Dr. DuvaVs case. — Dr. Duval Avas an Englishman, born at Kensington, near 
London. When the constitutional forces entered Tacubaya, on the 22d of March, 



264 THE PRESENT COXDITION OF MEXICO. 

1859, he was at the head of the medical staff, a position he retained lentil the 
day of his death. On the 11th of April, Marquez entered Taciibaya at the 
liead of the reactionary forces, and, in taking possession of the hospital of San 
Diego, promised most solemnly that the lives of the sick and wovnled, as well 
as those of the medical men, were safe. At half-past 7 o'clock of the same 
evening, however, in spite of this assurance, and in violation of the ordinary 
laws of ci%'ilized warfare. Dr. Duval, in company with seven other medical men, 
was taken out and shot. He was not allowed to communicate with any of his 
countrymen, and it was not until the following morning that this monstrous 
murder became generally known. Notwithstanding the most strenuous efforts 
made by the Miramon government, with the connivance of Mr. Otway, to justify 
tliis hon-id proceeding, so damning was the evidence that the British government 
could do no otherwise than insist upon some pecuniary compensation for the 
widow and child of their murdered citizen. 

The amount fixed was $25,000, but no steps were taken to exact this sum 
from the murderers during their continuance in power, nor has the same, as far 
as we can learn, been paid. 

Mr. NewalVs case. — Mr. Newall, an inhabitant of Zacatecas, a member of one 
of the oldest and most respected firms in the country, as agent for Mr. Davis, of 
San Luis Potosi, received the sum of $15,950, and gave the usual receipt. This 
receipt fell into the hands of Marquez, who sent for Mr. Newall, and required 
of him, at once, to hand over the money. Mr. Newall replied that it was im- 
possible for him to do so, as the money was not his. The general then called 
in a guard and said, "Take this man, put him in ' capilla,' (the place assigned 
to criminals for the few hours previous to tli^ir execution,) and without further 
orders shoot him to-morrow morning before six o'clock." Mr. Newall was 
marched off, thrown into "capilla," and would, no doubt, have been shot, had 
not some of his friends raised the money amongst themselves, and paying it into 
the hands of Marquez, obtained his release. 

The English government showed their appreciation of the conduct of a citizen, 
Avho, at the risk of his life, refused to betray a trust reposed in him by another, 
by awarding him the very magnificent sum of c£500, the estimated value of a 
British merchant's life in Mexico. 

Mr. Pitman's case. — Mr. Pitman, of the firm of Simpson & Pitman, of San 
Luis Potosi, was imprisoned and made to pay the sum of $5,100, under the fol- 
lowing circumstances: 

When the constitutional forces were in possession of San Luis, Mr. Pitman, 
in the usual course of business, upon the admission of goods, paid the duties to 
the properly constituted authorities. Subsequently Miramon, the leader of the 
church faction, took possession of the town, and he demanded the payment over 
again of the same duties. Mr. Pitman, for refusing this exaction, was thrown 
into prison, and would have been marched off as a common soldier, had he not, 
to avoid the latter alternative, paid the amount. 

Mr. Davis's case. — This gentleman, in June, 1858, was assessed at $2,000 in 
a forced loan imposed upon tlie merchants of San Luis Potosi by General Mira- 
mon. This amount he refused to pay, as contrary to existing treaties. He was 
seized by iliramon, thrown into prison, subseqiiently marched off as a common 
sohlier with the troops sent against tlie opposite faction, and only rescued by a 
friend who paid the $2,000, and obtained his release. 

Cases of Messrs. Whitehead and Potts. — These gentlemen were both banished 
from th(! country for expressing their horror at the atrocities that followed the 
maHsacre at Tacubaya, on the 11th April, 1859. 

Application was made to Mr. (Jtway in writing, pointing out to him the im- 
minent peril to which Englishmen were exposed if abandoned to the unbridled 
and savage will of ^liramon and I\Iarquez, Avho, without even a form of trial, 
slaughtered so many innocent victims at Tacubaya, and in cold blood, rather 



THE PRESENT CONDITION OF MEXICO. 265 

more than two years ago. Amongst the murdered men was Dr. Duval, an 
English surgeon, who, with other medical men, was dragged from the bedside of 
the wounded, while amputating the shattered limbs and stanching the gushing 
arteries of numbers of poor creatures, who, from Avant of assistance, perished 
during that memorable and dreadful night. Lamentation brought them no aid, 
Marquez and Miramon had murdered the only ones who could give them com- 
fort, and they bled to death ! 

Another English victim was, at the same time, waiting the moment of execu- 
tion. George Selly, a peaceable resident of Tacubaya, was seized and forced 
from his house, and, as poor Dr. Duval, without trial or inquiry, was taken 
out to be shot, but was miraculously saved by the timely interference of a 
Mexican officer, who met him on his way to the place of execution. 

As has been already mentioned, a brief statement of these horrors, signed 
by almost every Englishman here, was laid before Mr. Otway, imploring him 
to use his influence to check these cruelties, and asking protection for English- 
men from the grasp of these sanguinary men ; and, strange as it may seem, 
this document, by means better known than explained, made its appearance in 
the palace, where it was translated and published in pamphlet form, and the 
Miramon government accused the signers of having published it. The conse- 
quence of this was that orders were issued for the immediate banishment of 
five of those whose signatures appeared on the petition, Messrs. Potts and 
Wliitehead being of the number. 

Kemonstrances and repeated denials on their part to Mr. Otway of all knowl- 
edge or complicity in the affair^ Avere unavailing ; so, to satisfy the wishes and 
assist a zealous partisan in carrying out his treacherous designs against those 
he was paid to protect, the order was enforced, and these gentlemen left the 
country and laid their cases before Lord John Russell, who, on becoming 
acquainted with the outrage, demanded the withdrawal of the passports and 
fair indemnities. 

The amounts of these reclamations have been fixed in both cases in accord- 
ance with instructions from home, and demands have been made upon the 
Mexican government, and even payment promised; but, as these demands have 
not been insisted upon, the subject has remained where it was a year ago, whilst 
millions of dollars have been allowed to find their way into the pockets of 
people to whom the nation owed nothing. Those whose interests have been 
almost ruined by violence and plunder meet with but indifference and neglect. 

Mr. Jones's claim. — In the year 1826 Mr. R. Lancaster Jones was secretary 
to her Britannic Majesty's consul general in Mexico. On the solicitation of the 
governor of the State of Jalisco, and according to the popular spirit of the 
day in England, he went to Guadalnjara and established a school on the Lancas- 
terian system. The Mexican government, permanently to secure his services, 
guaranteed him a fixed salary of $2,000 a year. From 1826 to 1834 this 
salary was paid, but in the latter year Mr. Jones was turned out of his employ- 
ment without any pretext and left destitute. 

The case was brought under the notice of the British legation, and in the 
year 1852 an arrangement was come to by which the Mexican government 
acknowledged the justice of the case and their indebtedness to Mr. Jones in 
$28,000. Not one dollar of this sum was ever paid to Mr. Jones, who died 
some years back in very distressed circumstances. The amount, with interest, 
is now claimed by the widow and children. 

A more cruel case it is almost impossible to conceive. A man holding an 
honorable and lucrative employment was, from purely philanthropic motives, 
induced to give it up, upon the promise of an annuity of $2,000 a year. After 
the interval of eight years the annuity is withheld, and the man and his family 
are left in absolute want. The robbery of a " conducta " may be a more 
striking event, and may more internally affect the interests of British merchants, 



266 THE PRESEXT CONDITION OF MEXICO. 

but can it be a comparison, in point of hardship, with the case of ^h: Jones ? 
And yet, forsooth, this injured man and his family have been allowed to drag 
through twenty-six years of suffering, and up to the present moment no steps 
have been taken by our government to compel the payment of a sum which 
the Mexican government, in a settlement with her Majesty's legation, have 
themselves admitted to be due. 

George Sdhj. — Was residing in Tacubaya at the time the constitutional 
forces retired on the 11th April, 1859. About 12 o'clock on that day, whilst 
at breakfast with his wife and child, was seized in his own house and conducted 
to San Diego, and there confined with Duval and the other victims of the famed 
massacre, whose fate he providentially escaped. He was kept there until the 
middle of the next day, and then led in triumph, at the head of the prisoners, 
through the streets of Mexico ; was then taken to the citadel, locked up in a 
filthy dungeon, and there kept until the following day, when he was led out, iu 
company with two others, and marched to Tacubaya to be shot, and providen- 
tially saved by the interference of a Mexican general, who met him on his way 
and who prevailed upon the officer in command to defer the execution, Avhich 
gave time for the interference of Mr. Otway to take steps. 

The pretext for this barbarous treatment was that George Selly had mixed 
himself up with the liberal party ; this was disproved by the evidence of tAventy- 
two of the most respectable inhabitants of Tacubaya, and the utmost that could 
be laid to his charge Avas, that during the continuance of the liberal forces in 
Tacubaya, he, as a means of livelihood, sujjplied the mess of four of the officers. 
After much delay, from the unrighteous opposition of Mr. Otway, his govern- 
ment, more than a year back, declared that " Selly's entire innocence had been 
amply vindicated, and had established his claim to be compensated for the 
indignities to which he has been exposed." For this fearful outrage a sum of 
$2,500 has, it is said, been asked as compensation, but no steps taken to enforce 
payment. Selly is a poor man. 

The case of Mr. Lynch. — On the 11th June, 1858, General Miramon, com- 
manding the reactionary forces at San Luis Potosi, imposed a forced loan upon 
the merchants of that town. Mr. Pitman, an English merchant residing in that 
town, was assessed at $10,000, and required to pay the amount before night of the 
same day (11th June) on pain of imprisonment. The assessment in this case ap- 
pears to have been excessive, as firms possessing larger capitals had been assessed 
in much smaller sums. Mr. Pitman called upon the general to remonstrate with 
him upon these arbitraiy proceedings, but was unable to see him. He was, how- 
ever, informed by others that it was Miramon's determination to carry out the 
loan, and that all who refused to pay, natives or foreigners, would be marched 
off as common soldiers with the troops about to leave that night. Mr. Pitman 
then applied to Mr. Chabot, the English consul, but all that gentleman's exer- 
tions on his behalf proved unavailing. 

Mr. Pitman and his lady, fearing personal violence, took up their residence 
in Mr. Chabot's house, leaving his establishment in charge of Mr. Lynch, his 
confidential clerk, never for one moment supposing that any outrage would be 
committed against this latter gentleman. At six o'clock, however, of tlie following 
morning, the house Avas entered by order of j\Iiramon. Jlr. Lynch Avas taken 
to prison, aiul Avoiild have been marched off as a connnon soldier, had not Mr. 
Pitman requested ]\Ir. Chabot to pay $6,000, the amount to Avhich the assess- 
ment had been reduced, and so obtained his release. 

Case of Mr. R. J. Perry. — On the ISth October, 1858, this gentleman Avas 
arbitrarily arrested and throAvn into prison by General Zuloaga, then pri'sidinit 
of the capital, and kept in close confinement for several days, Avithout being 
allowed to comnuniicate Avith his consul, fi-iends, or coiuisel. He Avas detained 
in prison and under arrest tAventy-eight days, Avithout being brought to trial, or 
any charge or accusation being made against him ; Avithout being consigned to 



THE PRESENT CONDITION OF MEXICO. 267 

any judge, or any declaration taken from liim, and even without being informed 
of tlie cause of his arrest; and, finally, he Avas expelled the country at a few 
hours' notice, without being accused of any crime or misdemeanor. 

The consequence was, that he was suddenly obliged to close, settle, and wind 
up, at any sacrifice, or abandon all his accounts and business transactions to a 
considerable magnitude he had pending in this country after a continued resi- 
dence in it for nearly eighteen years. Those outrageous proceedings have 
caused his total ruin, and he now finds himself, after having spent the best 
years of his life in acquiring, by his honest industry, comparative affluence, 
reduced to want and ruin. 

On his arrival in England, he applied to the British government for protection 
and redress, and after overcoming innumerable difficulties, has lately returned 
to this country under authority and at the suggestion of the foreign office, with 
the view of prosecuting his claim there, but as yet has done so without any 
result. 

The alleged pretext for his prosecution was his supposed sympathy with the 
party now in power; the real motive or cause, as is well known here, being 
private matters of too delicate a nature to be made the subject of our comment. 

Mr. WorralVs case. — Mr. Worrall was assessed for a forced loan, and on 
applying at the legation for advice, was shown by Mr. Otway a despatch from 
Lord Malmesbury, which recommends British subjects to pay such forced loans 
under protest and on compulsion. In consequence of having made this protest, 
Mr. Worrall was arrested a few days afterwards in the public streets of Slexico, 
by Lagarde, and sent off" to Vera Cruz next morning, having thus to abandon 
heavy private interests in this country. 

On submitting his claim for indemnity at the foreign office, Lord Malmesbury 
wrote him stating "that there was no justification for the condi;ct of the Mexican 
government in your case, and that it was his lordship's intention to instruct her 
Majesty's minister in Mexico to require that you shall be properly compensated 
for the treatment you have imdergone and the losses you have sustained." 

Although a convention was signed by Mr. Otway in March, 1859, assigning 
Mr. Worrall an indemnity, and although this government even directed Mr. 
WoiTall, through the foreign office, to apply to Messrs. Barings for its amount, 
yet no money was remitted, and up to the present moment not a dollar has 
been paid. 

Very little encouragement is given to British subjects standing up for treaty 
rights if the present case is a fair instance of home protection. 

Claim of Messrs. Bates, Jamison Sf Co. — This claim is now represented by 
Messrs. Bates, Barton & Co., of the city of Mexico, and is for a sum of 
$8,815 02, the unpaid balance of a government order for $98,000 for import 
duties illegally exacted. The interest has only been calculated up to the month 
of April, 1859. 

Mr. Charles B. Lambley. — Plunder of his house, on two separate occasions, 
by soldiers under the command of chiefs of the constitutional party. 

Mr. Thomas Gillow. — Repeated embargoes of wagons, mules, and horses for 
the transport of cannon and military stores. As this claimant farms a very 
considerable estate, it is unnecessary to point out hoAV serious mus,t have been 
all consequential damages, in addition to those of the mere embargo. 

Mr. John Innes. — Plunder of his store at Ejutla, in the department of Oajaca, 
by soldiers of the central government party, under the command of Cobos. 
There are a number more claims of the same character preferred by Englishmen 
resident in Oajaca, of which we have not yet received full details. 

Mr. Daniel Owen. — Plunder of his goods by soldiers of the central govern- 
ment, under the command of General Echeagaray, on the 17th April, 1858. 

Mr. John Sumner. — Plunder of his house at Tlalpam, on the 17th October 



268 THE PRESENT CONDITION OF MEXICO 

1858, by a party of soldiers under the command of the constitutional chief, 
Don Ignacio Delgado. 

Mr. T/iomas Fuller. — Embargo by General Pueblita in November, 1856, of 
wagons, mules, and effects belonging to Mr. Fuller's extensive carrying estab- 
lishment, thereby disabling him from fulfilling a contract with the Real del 
Monte Mining Company for carrying ore from that company's mines at Pachuca 
to their ore depot at Real del Monte. The loss of this contract, in itself a most 
profitable one, is attested by the certificate of the director of the Real del Monte 
Company. It entailed upon Mr. Fuller very heavy additional expenses, as he 
had to maintain upwards of one hundred pack-mules without work. Subse- 
quently he was compelled to break up a very profitable carrying business, and 
sell the mules he was unable to maintain, in consequence of the loss of his con- 
tract, for a little more than half their original cost. In fact, this cruel outrage 
created such an embarrassment in the affairs of Mr. Fuller as to bring him to 
the verge of ruin, from which he has not recovered, and for which his claim will 
be very insufficient compensation. 

Mr. William Hoojier. — Plunder of effects, consisting of wearing apparel, 
books, papers, accounts, and mathematical and other scientific instruments, by 
a body of revolutionary troops during the sacking of the city of Culiacan, 
department of Sinaloa, in the month of March, 1852, as attested by the judge 
of that city, Don Eustaquio Buelua, in a judicial document under date of 10th 
March, 1856. 

Mr. Elliot Turnhull. — This claim originated in the forcible entiy of a large 
body of troops into Turnbull's hacienda, about ten miles from the city of Puebla, 
in the month of May, 1858, and of robberies and destruction of property com- 
mitted by them. Mr Turubull was especially recommended by her Majesty's 
ministers to obtain the necessary proofs. These proofs are now in his posses- 
sion, and consist of sworn declarations of several witnesses to the act, taken 
before the judge of the district. 

Extra duties illegally exacted. 

Messrs. Graham, Geaves & Co $10,62.3 74 

Messrs. Bates, Barton & Co 4,929 87 

Messrs. Watermeyer, KaufTman & Co 5,545 22 

Messrs. J. J. Schmidt & Co 5,246 82 

These claims originated in the following manner : By a sudden and unex- 
pected decree issued by the general government on the 31st of May, 1858, an 
extra 10 per cent. " iuternation" duty, and 20 per cent, import duty, were 
imposed on all goods coming from Vera Cruz. This imposition, contrary to the 
express stipulations of the existing tariff, was at once most energetically pro- 
tested against by her Majesty's minister. The decree, although not repealed, 
was never again acted upon by the Mexican government — a clear admission of 
its illegality. 

The number of instances in which foreign governments have demanded and 
compelled restitution of sums thus illegally exacted arc too well known to 
require enumeration, and it is unnecessary for us to point out how impossible it 
would be to carry out successfully any commercial transactions under a system 
of tariff at any moment admitting of sudden and arbitrary changes by the Mexi- 
can government, or the illegality of their act : the sums exacted during the 
temporary operation of the decree still remain unpaid. 

These sums, requiring no further proof or verification than the production of 
custom-house receipts, might, we submit, to be considered as admitted claims. 

Matamuros Fire Claim. — This is a claim for goods destroyed by fire at 
Matamoros in October, is51. The goods were warehoused in a house occupii-d 



THE PRESENT CONDITION OF MEXICO. 269 

by the government forces under General Avalos. The town was suddenly- 
attacked by Carbajal, at the head of the rebel forces. The block of houses in 
which the goods were placed formed a prominent point in the line of defence, 
and was fortified and held by a portion of the government troops. It was sub- 
sequently set fire to by the rebels, and the whole of the goods were destroyed. 
No notice was given by General Avalos of his intention to fortify the block, 
nor was any time given or opportunity afforded for the removal of the goods. 
A certificate of General Avalos proves the occupation and fortification of the 
premises for the purposes of defence, and their destruction by fire. 

No valid objection has ever been raised by the Mexican government to this 
claim, and their liability to make good the losses inflicted upon the losers, 
Messrs. Bates, Jamison & Co., under such circumstances, cannot admit of a 
doubt. The principle has been so clearly laid doAvn in numberless cases, that 
to hold a different doctrine would be subversive of the very first principles of 
international law. To admit of a different principle in a country like Mexico, 
ever torn by intei'necine strife, would be to place the property of neutrals 
unconditionally at the mercy of military chiefs. The decree issued by President 
Juarez upon the occasion of the bombardment of Vera Cruz by General Mira- 
mon, in the month of April last year, providing for the indemnification of neu- 
trals whose property had suffered by that bombardment, places the question 
beyond dispute. The subject has been frequently urged upon the consideration 
of the Mexican government, but hitherto without results. 

The claim now put forward by Messrs. Bates, Barton & Co., as successors to 
Bates, Jamison & Co., is for — 
226 packages of merchandise destroyed under the circumstances 

above detailed, of the value of $37,144 04 

And interest, at 6 per cent., to April, 1859 20,389 07 

Total 57,524 11 



The foregoing list of claims against the Mexican nation, although it does not 
contain all, presents such a frightful catalogue of murder, spoliation, and robbery, 
thatj except it was vouched for on the most solemn and truest grounds, would be 
scarcely credited ; scarcely credited, indeed, as having happened in a so-called 
civilized country against the subjects of a friendly nation ; and yet this cata- 
logue of outrage is still very incomplete, for many individuals, such as Staines, 
Egerton, Gibson, and others, have lost their lives by attacks in the streets, in 
their dwelling-houses, and on the public roads. 

Justice has, indeed, here iron hands and leaden feet, but they are never lifted 
in favor of the defenceless foreigner ; some little show of inquiry, a constant and 
incessant persecution of witnesses, and never-ending expenses and outlay to, 
perhaps, some spirited prosecutor, ending in a mockery of investigation and an 
impunity for crime, are generally the utmost attamed. 

Who can ever tell of the bitter dying anguish of these neglected victims, and 
how in their awful moments of desertion the hopeless conviction haunted them 
that no inquiry would be made of their fate, and no punishment fall on their 
assassins 1 

And who can tell what desolation the love of fathers, sons, and brothers may 
have caused in some far-away homestead ; how, instead of gladdening news, they 
have found that the angel of desolation has passed by and rendered their hearths 
desolate ! 

In the name of humanity outraged we call for energy in redress against this 
wholesale trampling on treaties and international laws, and exactions from a 
country that professes to belong to the family of nations, a regard to the ordi- 
nary tenets of humanity, and a concordance with the creed of civilization. 



270 THE PKESENT CONDITION OF MEXICO. 

No. 14. 
Sir C. JVi/ke to Lord J. Russell. 

[Extract ] 

Mexico, June 28, 1861. 

The past month has been fertile in events not only tragic in themselves, but 
terrible also from affording convincing proof of the degradation to which this 
unfortunate republic has been reduced by the vindictive spirit of contending 
factions. 

My correspondence by last mail infonned your lordship that the church party 
was still in arms, led by ex-President Zuloaga and his lieutenant general, Mar- 
quez, who, at the head of between 2,000 and 3,000 men, Avere enabled not only 
to hold their ground, but actually to drive the government troops before them, 
and ravage the whole valley of Mexico. 

On the 2d instant news reached this city that Marquez had seized and shot 
Seiior Ocampo, one of the leading men of the liberal party, and recently their 
minister for foreign affairs, who' for the moment had retired from public life, and 
was living quietly on his estate in the country. This intelligence caused the 
greatest excitement here, and gave rise to threats of vengeance against those 
unfortunate members of the church party who were confined in the prisons of 
this city. 

The feeling ofhatred against them became so strong that their relatives flocked 
to the different legations and implored our intercession with the government to 
protect the lives of the prisoners against the fury of the rabble. The French 
minister, as doyeii of the diplomatic corps, called a meeting of the different 
foreign agents resident here, when it was unanimously agreed that we should 
seek an interview Avith the president, calling on him in the name of humanity to 
save these unfortunate persons, and at the same time to vindicate the authority 
of his government against the attempts of that violent party in the State which 
meditated the commission of such a crime. 

His excellency received us very graciously, and stated that we need not be 
under the least anxiety, as he had already given orders for the guards to be 
doubled at the diffei'ent prisons, besides adopting other measures to frustrate the 
evil intentions of those who wished thus to disgrace themseh-es and the country 
to which they belonged. 

The president kept his word, for that very night when the rabble rushed to 
the prisons they were kept in check by the military, and obliged to disperse 
without effecting their object. 

This interview took phice on the 4th instant, and there were present at it, 
besides the president and the secretary of state for foreign affairs, the ministers 
of France, England, Prussia, the United States, and the charge d'affaires of 
Ecuador. 

In the congress stonny debates followed, and General Degollado, another dis- 
tinguished member of the liberal party, asked for a command in order to pursue 
Marquez, and revenge the death of his former colleague, llis request was 
granted in the midst of the greatest enthusiasm, and in a few days he marched 
at the head of a division towards Toluco in pursuit of the enemy. Whilst 
reconnoitring with a small party on the 16th instant, he was surprised by 
CJencral Galvez, his party was dispersed and cut to pieces, and he himself 
kiUcd. 

The news of this event on reaching Mexico only added fuel to the fire, and 
General Ortega marched at tlie head of a strong body of government troops to 
repair the disaster. Marquez retired before liim from the 14th to tlie 23d. Tlie 



THE PRESENT CONDITION OF MEXICO. 271 

pursitit was hotly maintained, and General Valle, the most promising officer of 
the liberal party, marched with 1,500 men t© try and intercept Marquez and 
force him to action. The latter by a masterly manoeuvre joined Galvez, and 
with the united forces fell upon Valle, utterly routed and dispersed his forces, 
took him prisoner, shot him, and then hung his body on a tree. But one of 
the government officers escaped to tell the tale ; the others, with many of the 
poor soldiers, were butchered after the action. 

These tidings spread teiTor in this community ; the national guard was called 
out, and the city has been declared under martial law. On the 25th a party of 
400 of Marquez's men forced their way into the suburb of San Cosme, and at 
one time it was thought would have captured the city, as they were supposed to 
be the vanguard of a much larger force. After carrying away some of their 
party who were prisoners in that part of the town, they reth-ed with the loss 
of only one man killed and a few wounded. 

These events, by proving the miserable improvidence of the present govern- 
ment, have completely discredited President Juarez, and his retirement is now 
looked upon as an absolute necessity for the good of the commonwealth. As a 
preparatory step towards it. General Ortega has been elected vice-president, in 
order to succeed to the presidential chair when Juarez resigns. Ortega, I fear, 
will do no better. 

Congress has voted $10,000 apiece for the heads of Marquez and half a dozen 
other chiefs of the church party ; but there is no probability of the money being 
called for, which is so far fortunate for the credit of congress, as that sum is not 
at present to be found in the national treasury. 

I do not enter into details of persons carried off from here by Marquez to be 
either shot or ransomed, because by so doing I should only unnecessarily 
increase the length of this despatch, but will merely add that nothing I can 
write would give your lordship a correct idea of the miserable and disgraceful 
disorder which now reigns here, and which is only another proof, if one were 
wanted, of the utter incapacity of these people to govern themselves. 

The church party are daily gaining ground, and, it is feared, may eventually 
succeed in capturing this city and driving the present government again into the 
pi'ovinccs, thereby renewing all the horrors of a civil war which has devastated 
this unfortunate country for the last three years. 

The Guzman ministry resigned ten days ago, and such are the difficulties of 
the situation that no men have been yet found avIio are willing to take their 
places. In the meantime business is brought to a standstill, and any note one 
has to address to the foreign department remains unanswered. 



No. 15. 
Earl Russell to Sir C. Wyke. 



Foreign Office, August 21, 1861. 

Sir : I have received and laid before the Queen your despatches of the 24th, 
25th, 27th, and 28th of June, and I have to convey to you the entire approval 
of her Majesty's government of your conduct as therein reported. 

Her Majesty's government have read, Avith much concern, your account of 
the deplorable condition of Mexico, but her Majesty's government cannot accept 
that condition as an excuse for the want of good faith shown by the late acts of 
the Mexican government, and by the tone of Senor Guzman's correspondence 
with you. 

It appears to her Majesty's government to be useless to continue negotiations 



272 THE PRESENT CONDITION OF MEXICO. 

•with that government, either as regards the repayment of the proceeds of the 
conducta robbery, or the money stolen from the British legation, or the non- 
fulfilment of the Aldham and Dunlop compacts ; and her Majesty's government 
will, accordingly, in such manner as they shall deem most suitable, adopt more 
active measures to obtain redress. 

I have now to instruct you to demand, in the first instance, of the govern- 
ment of Mexico, that in the ports of Vera Cruz and Tampico commissioners 
shall be placed, who shall be named by the British goverament, for the purpose 
of appropriating to the powers having conventions with Mexico the assignments 
which those conventions prescribe, which shall be paid out of the receipts of the 
maritime custom-houses of the republic ; including, in the sums to be paid to the 
British government, the amount of the conducta robbery and the money stolen 
from the British legation. 

You will also require that the commissioners shall have the power of reducing 
by one-half, or in any less proportion, the duties now levied at those ports. 

If these terms are not complied with you will leave Mexico with all the 
members of your mission. 
I am, &c. 

RUSSELL. 



No. 16. 
Earl Russell to Sir C. Wi/Jcc. 



Foreign Office, August 21, 1861. 
Sir : With reference to your despatch of the 24th of June, and its several 
enclosures, I have to state to you that her Majesty's government must insist on 
the restoration of the 8660,000 stolen from her Majesty's legation, and that if 
that money is not restored friendly relations between the two governments cannot 
be maintained. 

I am, &c. 

RUSSELL. 



Xo. 17. 

Sir C. IVi/l-e to Lord J. Rnssell. 

Mexico, Juli/ 11, 1861. 

My Lord : By the enclosed extract from this day's " Mexican Extraordi- 
nary" your lordship will perceive that another British subject has been mur- 
dered, under circumstances of peculiar atrocity. 

The deceased's nephew, after searching in vain throughout tlie village of 
Tacubaya for some sort of legal authority to take a deposition oil the spot, and 
perfonn the usual formalities necessary in such a case, was obliged to have the 
body removed into this city, when he reported to the British consul what had 
taken plac(^ reqiu-sting him to acquaint the authorities thereAvith in order that 
some ste])s might b(^ taken for the a])]nTheiision of the offenders. 

Mr. Glcnnie had considerable dithculty in overcoming the apathy of the 
officials, both military and civil, for murder lias now become a matter of such 
everyday oecurrcnce that it excites little or no attention. At length, however, 
be succeeded, and, the usual forms having been gone through, the body was 



THE PRESENT CONDITION OF MEXICO. 273 

next day interred, Mr. Walsham, Mr. Glennie, and a numerous body of British 
residents following it to the grave. 

On becoming aware of what had occnrred, I addressed, in the absence of any 
minister for foreign affairs, a note to the official mayor of that department, copy 
of which I have herewith the honor to enclose, together with a translation of 
his reply thereto, by which your lordship will perceive that they were shamed 
into affording some protection to a place that ought never to have been left 
defenceless, and also that they promised to take measures for detecting the 
authors of this atrocioiis crime. 

It is impossible to give your lordship an idea of the state of anarchy and 
disorder into which this country is plunged under the misrule of this incompe- 
tent government. The high roads all over the republic are swarming with rob- 
bers, and murders are constantly committed in the most frequented streets of 
the capital, without the culprits ever being, in any one instance, either captured 
or punished. 

I shall spare no effort to ascertain who were poor Beale's assailants ; but, if I 
even succeed, there is not a chance of their being brought to justice, for crime 
is now triumphant, and no judge would dare, under existing circumstances, to 
vindicate the law, which, in matters of criminal jurisdiction, has become a dead 
letter. 

I have, &c., 

C. LENNOX WYKE. 



Enclosure 1 in No. 17. 
Extract Jrom the " Mexican Extraordinary" of July 11, 1861. 

News topics. — The daily events of Mexico have become so alike that one 
is induced to ask, on getting xip in the morning, " Who has been robbed ?" 
" Who has been murdered 1" 

Since our last publication the event that has caused most sensation has been 
the murder of Mr. H. M. Beale, one of the very oldest British residents of 
Mexico, at his residence at the village of Naples. The news of this melancholy 
event reached here early on the morning of the 7th, and caused that degree of 
horror and alarm (not surprise) which similar events are likely to create amongst 
people who exist in a state of anxiety for their own lives and property. 

The facts of this murder are as follows: About 11 o'clock on the night of the 
6th a force of some twenty-five or more men on horseback made their appear- 
ance in the village of Naples. They were well armed, and came in with a 
trumpet soimding. Soon after entering the place (Avhich, by the way, is an 
embryo village of five or six houses) they made a descent iipon the house of 
Mr. Beale, which is the principal one, and commenced to fire at the windows 
and doors. All the inmates of the house appear to have been in bed. Mr. 
Beale was awakened, and, it is believed, Avas wounded by the first discharge. 
He at once got up, and rushing to the room of an old lady (Mrs. Wylie) who 
was stopping with him, took her to the roof of the house for safety. He then 
descended to the lower floor, and, being unarmed, spoke with the assailants, 
who had then broken into the house, and offered them the liberty to take what 
they might wish, supposing, as he had a right to do, that he could have no 
mortal enemies, and that their object was merely to rob. 

In reply to his offer and assurance that he had no arms, he was told that 
they only sought his life "as a foreigner," their mission being to kill foreigners, 
and not to rob. This declaration was followed by some remonstrance on his 
part, when he was struck upon the head -with a sword, and the work of assassi- 

H. Ex. Doc. 100 18 



274 THE PRESENT CONDITIOX OF MEXICO. 

nation commenced, amid the most frightful oaths, aud cries of " Death to 
foreigners !" 

At the time of the attack there was another foreigner in the house, but he 
made his escape from a -window, and fled to Tacubaya, where he gave notice to 
a friend of Mr. Beale, (Mr. Bueron,) who proceeded to Xaples. When he 
arrived he found the place deserted by the murderers, and poor Beale quite 
dead. The body was brought to this city the same day, and examined by 
physicians named for the pui-pose by the government. The wounds were 
numerous, made by flre-arms, swords, knives, &c. The head was laid open in 
two places, and disfigured by bruises, cuts, aud gunshot wounds, in the most 
horrible manner. In the breast were four wounds, two by fire-arms, and two by 
knives or swords. Both arms had wounds, and two deep incisions, apparently 
made by sword thrusts, Avere found iu the lower part of the body. The corpse 
altogether presented a most shocking spectacle, not that alone of the victim 
of murderers, but of cowardly fiends who had wreaked upon it their most 
envenomed hatred. The funeral of Mr. Beale took place the day following, 
and, notwithstanding a drenching rain, the attendance was numerous. 

The \ictim of this atrocity was a British subject of many years' residence in 
this country, who had always been noted for his pacific and inofifensive charac- 
ter. He had never taken any part in the politics of the country, aud it is not 
known that he ever so much as expressed an opinion in favor of one party or 
the other. "When warned a few days before his death of the existence of 
danger, he laughed at the idea, and urged his entire neutrality as a guarantee 
that no one would molest him. He was a hard-working man, and the new 
village where he resided owed its name and existence to his untiring industry 
and enterprise. He was a charitable man, as is well known by everybody, for, 
although unmarried, he had a considerable family made up of poor orphan 
children, who were ted, clothed, and cared for through his industry. His last 
act of kindness to Mrs. Wylie proves the true character of the deceased more 
than anything else. His first thought was to save the aged and infirm, and 
then go to face the danger. 

The death of this unfortunate man has, with reason, created a deep feeling of 
alarm amongst the foreign residents of this place, who cannot longer look upon 
their situation but as precarious in the extreme. Had many others fallen as 
Mr. Beale has fallen, there might have been some explanation of the act — that 
they had been partisans, meddlers with the afiiiirs of the country, or some of 
the many base reasons which have been advanced to palliate the murder of 
others of our countrymen. But here nothing of the kind can be advanced. Mr. 
Beale was " a foreigner," (a British subject,) and for being such has been mur- 
dered. The fact cannot be changed. We have not only the testimony of a 
child who witnessed the murder of Mr. Beale, and heard the threats of the 
assassins, but Ave have the fact that the houses of other foreigners in the same 
place Avere broken into, inquiries made for the owners, and, Avhen they Avere 
found absent, the repetition of the same cries of "Death to foreigners!" and 
threats to come back and murder them also. It was proA'idential that no others 
shared the fate of 'Mr. Beale. 

The authors of this atrocity are supposed to be of the clergy forces scattered 
through the Aallcy. This is natural to suppose, although the fact Avill probably 
never be proved. It matters little, however, of Avhat force or party they are. 
It is alarming enough to know they have murdered one of our countrymen, and 
have threatened to serve all of us in the same Avay, and that they are still at 
large to do as they please. 

Nothing has been done, as far as Ave can learn, to bring the criminals to 
justice, and Ave fear that it Avill be the fate of this case to pass like those of 
Staines, Gibson, Duval, Egerton, Bodmer, and others — one Avail of horror, a 
home and hearth desolated, one or two formal stereotyped protests, and eternal 



THE PEESENT CONDITION OF MEXICO. 275 

silence. Surely we are an abandoned people. But tlie most terrible part of 
■our abandonment is the anxiety, which no foreigner can free himself of, as to 
who may be the next victim. 



Enclosure 2 in No. 17. 
Sir C. Wyhe to Se/wr Magarola. 

Mexico, July 8, 1861. 

Sir : I yesterday learnt with feeling of horror and indignation, which I will 
not attempt to describe, the barbarous murder of a British subject named Beale, 
at a farm called "Napoles," by a party of thirty or forty men, who, after destroy- 
ing their victim, left the house without removing a single article from it, thereby 
proving that their sole motive was vengeance against a man universally known 
as kind-hearted and inoffensive, and who had never taken any part in the dis- 
sensions which distract this unfortunate country. 

His son-in-law, who lives in Tacubaya, on hearing what had occured, searched 
in vain throughout the village for some legal authority to proceed to the spot 
with him in order to verify the facts and draw up a proces verbal duly proving 
the crime, and the circumstances under which it had been committed. Failing 
in his object, he next applied to the British consul in this city, who, on address- 
ing the authorities here, was informed that the corpse must be brought into 
Mexico, as there was no person competent in Tacubaya to perfoi-m the legal 
formalities necessary to be fulfilled in such a case as this. 

It is perfectly incredible that the government should thus leave a place like 
Tacubaya, within three miles of the capital, inhabited by thousands of people, 
and containing much valuable property, totally destitute of any authority what- 
ever, either civil or military, to protect the lives of those who have every right 
to claim the protection of a goveniment which is bound to watch over them. 

In bringing this dreadful case to your notice I must request that you will 
immediately inform me what steps have been taken for the detection and punish- 
ment of the assassins who have committed this murder, and let me know at the 
same time what measures have been adopted to prevent outrages of a similar 
nature being again perpretrated in a place close to the gates of the capital. 

If I had supposed Tacubaya had been thus left defenceless I should have 
warned all my countrymen to leave a place which everybody thought was 
vmder the direct and immediate protection of the general commanding the district. 
In conclusion I must again urge on you the necessity of giving me an immediate 
reply to the demand I now address you, not only for the sake of justice to the 
deceased, but also for the due protection of those British subjects still resident 
in the actual vicinity of the city. 
I avail, &c. 

C. LENNOX WYKE. 



Enclosure 3 in No. 17. 
Senor Magarola to Sir C. Wyke. 
[Translation.] 
National Palace, Mexico July 8, 1861. 

Sir : Before receiving your excellency's note of this day's date the govern- 
ment had been informed of the assassination committed on the person of the 



276 THE PRESENT CONDITION OF MEXICO. 

British subject Beale, and had, in consequence, ordered all the necessary mea- 
sures for the investigation of the deed aiad the prosecution of the culprits so 
soon as they should be arrested. 

The government itself, full of indignation at this crime, desires that its authors 
should suffer condign punishment, and has again given orders to the general-in- 
chief and to the governor of the district to take active measures, and to inform 
this department of what has already been done, and what it is their intention to 
do, not only in this case, but also about the matter which your excellency was 
pleased to lay before me. 

As soon as the information referred to has been received in this department I 
shall have the pleasure to transmit it to your excellency, assuring you in the 
meanwhile that this government will spare no effort, as far as it may be in its 
power, to give its protection to the life and property of the inhabitants of the 
district. 

I avail, &c., 

LUCAS DE PALACIO Y MAGAROLA. 



No. 18. 
Sir C. Wyhe to Lord J. Russell. 

[Extract.] 

Mexico, July 26, 1861. 

After a perusal of the despatches I had the honor of addressing to you by 
the last mail, your lordship will, probably, not be surprised to learn that this 
government, encouraged by the apparent impiuiity with which they stopped 
payment of the assignments stipulated for by the agreements entered into with 
Captains Dunlop and Aldham, should have gone a step further, and suspended 
all payments assigned to their foreign claimants by the British, French, and 
Spanish conventions. 

This scandalous and dishonest act was announced in a new financial law 
issued by congress on the 17th instant, and published in newspapers and placjirds 
in the form of a decree by the president's order on the 19th. 

In this document, of which I have now the honor to enclose a translation, 
your lordship will perceive by article 1 that all payments, including the assign- 
ments destined for the London bondholders and the foreign conventions, are 
suspended for the space of two years. By article 13 the "contra registro," or 
duty on consumption of all foreign merchandise, is doubled within tlie federal 
district during the government's good pleasure, to enable them by these means, 
and those proposed by a tax on tobacco, to pay oft" in preference the debts con- 
tracted since the 29th of May last, as Avell as those they may incur for the 
expenses entailed on them in maintaining the public peace, or, in other words, 
carrying on the civil war. 

These are the two articles of the decree that directly aftect foreigners ; the 
others bear more upon native interests, such as articles 12 and 13, by which the 
government is authorized to place an impost on tobacco, and to augment by 50 
per cent., up to the end of December next, the excise duties on national products 
within the federal district, comprising an area of eighty-nine square miles, with 
a population of about 300,000 souls. 

Tlie "Junta," mentioned in article 6, is what we should term a special finance 
committee appointedfor the redaction of the national debt by means of funds accru- 
ing from property formerly belonging to the church and other corporate bodies. 
Two members of the Jnntu are to be named from the difterent creditors of the 



THE PRESENT CONDITION OF MEXICO. 277 

State; but those foreigners to Avhom sucli an appointment has been offered 
have refused it with indignation. 

Such is the scheme by which this government propose to free themselves from 
their engagements towai'ds foreign powers, and to procure money sufficient to 
enable them to go on in the old scrambling disorderly way, living from hand to 
mouth by augmenting diities, levying contributions, and repudiating engagements 
which they are bound in honor to fulfil. 

The same evening that this decree was published I wrote a note to Sen or 
Zamacona, minister for foreign affairs, asking him whether it was really authentic, 
as I could not bring myself to believe that the government actually meant thus 
to set at defiance an international obligation such as the British convention, 
which could not be put on one side at the will of one of the contracting parties, 
unless with the sanction of the other, and this too withoiit in any way announcing 
their intention of doing so to this legation. 

In his reply of the 21st, herewith enclosed, your lordship will perceive the 
very lame attempt he makes to account for this important omission, for even the 
visit to which he refers was made twenty-four hours after the decree had been 
placarded in the streets of this capital. 

The second note, dated the 21st, translation of which I likcAvise enclose, is 
Che one announcing the publication of the decree, to which he alludes in the 
first note as having been already sent to me, but which in reality only reached 
me an hour and a half after I had received the other. My letter of the 22d refutes 
the arguments he uses to justify the decree, and contradicts the insinuation that 
I must have known of its being about to be issued. My note of the 23d is an 
answer to the official annoimcement of the decree, by which I solemnly protest 
against it, and warn Senor Zamacona that imless this obnoxious measure is 
withdrawn in forty-eight hours I shall suspend all further official intercourse 
with the Mexican government until I receive instructions from her Majesty's 
government with reference to this matter. 

The full forty-eight hours having expired without my having received any 
answer whatever to this communication, I again addressed him on the evening 
of the 25th, formally suspending my relations as I had threatened to do. An 
hour later I received two notes from his excellency, by the former of which he 
endeavors to make out that there is no necessity whatever for the step I have 
taken, and requested me, therefore, still to maintain my official relations with 
this government; this was in answer to my note written on the evening of the 
23d, and the latter, in reply to the one of the 25th, complains that the full term 
of forty-eight hours was not accorded, for my note, which was AATitten the day 
before at 5 o'clock, had not been received by him until 7 p. m. As in the first 
of these Senor Zamacona states the impossibility, according to his vicAV of the 
case, of withdrawing the decree, I could not, after the announcement of my 
determination, reply to him officially, and I therefore answered some incorrect 
statements contained in his note by a private letter, copy of which I have the 
honor likewise to enclose. 

It is very evident by the tone of these communications that they are now 
alarmed at the turn affairs have taken ; but their wretched vanity and pride will 
prevent them from taking any step to remedy the evil, and therefore I see no 
chance of the measure being withdrawn. 

Your lordship will thus perceive that it has become impossible any longer to 
suffer the illegal and outrageous proceedings of a government which neither re- 
spects itself nor its most solemn engagements. 

It is only by adopting coercive measures that we can force them to give up a 
system of violent spoliation, which in reality is nearly as prejudicial to themselves 
as to those foreigners who are so unfortunate as to have brought their capital 
and industry to a country so misgoverned. 

On the publication of the decree, the British merchants resident here ad- 



278 THE PKESENT CONDITION OF MEXICO. 

dressed a letter to mc, praying for mj interference in their behalf, against the 
increase of duties on all foreign articles of consumption thus imposed on them. 
I enclose copy of their letter, together with my reply thereto. 

As long as the present dishonest and incapable administration remains in 
power, things will go from bad to worse ; but with a government formed of re 
spectable men, coidd such be found, the resources of the country are so great 
that it might easily fulfil its engagements, and increase three-fold the amount of 
its exportations, not only of the precious metals, but of those productions for 
which they receive British manufactured goods in exchange. Mexico furnishes 
two-thirds of the silver now in circulation, and might be made one of the richest 
and most prosperous countries in the world ; so that it becomes the interest of 
Great Britain to put a stop, by force if necessary, to its present state of anarchy, 
and insist on its government paying what it owes to British subjects. The 
moderate party, which is now cowed by the two opposing ultra factions in the 
State, would then raise its head, and encouraged by adopting the measures I 
pointed out as necessary in my last month's coi-respondence, probably establish 
by themselves such a government as we require ; bixt without this moral support 
they fear to move, and hence the continuation of the deplorable state of things 
now existing. 

M. de Saligny, the French minister here, has acted in concert with me through- 
out this affair, and although the interests he has to defend are trifling in com- 
parison to ours, he has used even stronger language than I have, for he does not 
merely suspend, but actually breaks off all official intercourse with the govern- 
ment, unless they rescind the decree of the 17th instant. 

I have not the least hesitation in saying that unless her Majesty's government 
take the most decided measures for proving to this government that it cannot 
thus act with impunity, British subjects resident here will remain defenceless, 
and their property be at the mercy of a set of men who disregard their most 
solemn engagements, whenever such intei-fere with either their caprice or rapa- 
city. 

From the tone of their notes to me anybody not on the spot would imagine 
that dire necessity had alone compelled them thus to act, whereas in reality, 
6,000,000 of hard dollars have actually passed through their hands within the 
last half year, to say nothing of the immense amount of church property in this 
district alone Avhich has been dissipated in a manner, according to public rumor, 
iitterly discreditable to the members of the government. 

Awaiting your lordship's instructions, I have, &c. 

P. S. — I have herewith the honor to transmit translations of another long pri- 
vate note from Senor Zamacona, containing only a repetition of the same sort o 
arguments he has used before. When I reply to it 1 shall merely acknowledge 
reception of a communication which in no way really affects the question at 
issue. 



Enclosure 1 in No. 18. 

Decree. 

[Translation.] 



The citizen Benito Juarez, constitutional President of the United Mexican 
States, to the hihabitants, know ye : 

That the sovereign congress of the union has deemed it well to address me 
the following decree : 

Articlk 1. From the date of this law, the government of the imion will re- 
cover the complete product of the federal revenues, deducting from them only 



THE PEESENT CONDITION OF MEXICO. 279' 

the expenses of the administration of collecting, and all payments are suspended 
for two years, inchiding the assignments for the loan made in London and for 
the foreign conventions. 

Art. 2. The maritime custom-houses and all the other collecting offices of the 
federal revenues will surrender all their products into the general treasury, being 
exclusively subject to the orders of the ministry of finances. On the loth and 
on the last day of each month they will forward to the ministry a statement of 
their receipts and disbursements. 

Art. 3. Within the term of one month the government will form and publish 
an economical estimate of all public expenses, based on the estimate of the 31st 
December, 1855, conveniently reduced. The government is to sixbject itself to 
this economical estimate from the day of its publication, and congress only has 
the faculty of making changes afterwards. 

Art. 4. The payments in this estimate are to be made in the following manner : 

1. The armed force in campaign and in garrison. The material of war. The 
invalids and disabled soldiers. These payments are to be made complete, but 
no surplus can be admitted. 

2. The civil list in active service and the military list not in service. These 
payments, if imder three hundred dollars, are to be made complete ; if above 

.three hundred dollars they are to be made in strict and equal proportion. 

3. The classes pensioned by the nation are to be paid in strict and equal pro- 
portion, if the classes above mentioned have been paid before, as is ordered by 
the decree. 

Art. 5. If an order, not included in the estimates, is sent to the general 
treasury by government, an observation must be made by a communication of 
the government ; if repeated, the treasurer is to communicate it immediately to 
congress. If the treasurer does not make the observations here mentioned, he 
is to be destituted immediately. 

Art. 6. A superior committee of hacienda is instituted, composed of one 
president and four members named by government, with the sanction of con- 
gress. Two of them, at least, must be creditors of the nation. 

Art. 7. The attributes of the junta are the following: — 

1. To pay the loan made in London and the foreign conventions ; 

2. To pay the creditors not comprised in the laAv of the 30th November, 1850; 

3. To pay legal and posterior credits against the nation up to the 30th June 
of this year, including those comprised in the law of the 17tli December, ISGO; 

4. To receive the payment of what is due to the nation, if it be unknown to 
the collecting offices ; 

5. To administer and sell the nationalized clergy property, and to execute all 
the attributes of the law of disamortization and nationalization. 

6. To make arrangements, with the sanction of government, Avith all the per- 
sons interested in, or that have any business relative to, nationalized property ; 

7. To distribute all the funds collected amongst the creditors of the nation. 
The product of the suppressed coiivents is to be applied to the creditors of the 
conducta of Laguna Seca, and after covering the estimates of the nunneries, the 
remainder is to be distributed to the creditors in the foreign conventions. 

Art. 8. In order that the junta may be able to fill the attributes conferred 
upon it by government, the following is assigned to it : — 

All the " pagares" existing in the special disamortization office; the prodiict 
of all pending redemption ; the capitals not redeemed belonging to the nation, 
the buildings of the suppressed convents, the lands and all existing materials. 
In the States and territories all the lands, convents, and buildings comprised in 
the law of nationalization, and all the products, except the 20 per cent, belong- 
ing to the same States and ten-itories. The buildings and capitals expressly 
excepted by government are not comprised in this article. 

Art. 9. All this property will form a fund distinct of public credit ; the 



280 THE PRESENT CONDITION OF MEXICO. 

employers in the district, the chiefs ("gefes superiores") of the finance depart- 
ment in the States and temtories are to forward immediately to the junta the 
titles, deeds, notices, and corresponding documents. 

Art. 10. In the special law published for the conversion of public debt, the 
part to be delivered by the States is to be fixed and regulated. 

Art. 11. The government is authorized to publish a decree taxing tobacco; 
this tax is to be collected for the federal treasury in all the republic. 

Art. 12. The government is authorized to increase, during the remaining 
months of this year, the alcabala of oue-half per cent, more on national pro- 
ducts, excepting the articles of agricultural and manufacturing industry specified 
in the decree of the 24th September, 1855. 

Art. 13. The duty of " contra-registi'o" on foreign goods is increased to 
double in the district ; this increase is to be paid as long as the government may 
deem it necessary to fulfil the object of the following article. 

Art. 14. With the new product of the alcabala, the " contra-registro" and 
the tax imposed upon tobacco, the government will pay with preference all the 
debts contracted from the 29th of last May, and all those that it may contract 
for the re-establishment of public tranquillity, leaving extant all the orders that 
have been given on account of " refacciones" for the payment of the money 
taken in Laguna Seca. 

Art. 15. The governors of States and the employes of the collecting de- 
partment have no intervention whatever in the federal revenues. 

Art. 16. The government is authorized to reform and organize within one 
month all the oflices on such a base that their estimates be reduced, and is 
authorized to increase the salaries of some employes, and to reduce their 
number. 

Given in the sessions hall of the congress of the union, on the 17th of July, 
1861. 

GABINO BUSTAMANTE, Deputy Preiidmt. 
FRANCISCO CENDEJAS, Secretary. 
E. ROBLES GIL, Deputy Secretary. 

For which I order that it be printed, published, circulated, and given due 
respect. 

Given in the national palace in Mexico, the 17th July, 1861. 

BENITO JUAREZ. 



Enclosure 2 in No. 18. 
Sir C. WyJce to Senor Zamacona. 

Mexico, July 19, 1861. 

Sir : A printed paper, as strange in compilation as in the nature of its con- 
tents, was this day liaAvked about the principal thoroughfares of the city, and 
has now, I see, been rc])rintod in the columns of this evening's " Siglo." 

According to the wen-ding of this document, it would appear that congress has 
thought fit to make a free gift of other j)eople's property to the government of 
the republic by suspending for the space of two years the payment of all as- 
signments, as well to the London bondholders as to the parties interested in the 
fonngn conventions. 

Until I hear from you to the contrary, I am bound to consider this announce- 
ment in thf light of a falsehood ; for 1 cannot bring myself to belieAc, that a 
government which respects itself could sanction a gross violation of its most 



THE PRESENT CONDITIOX OF MEXICO. 281 

sacred obligations to other nations, and then proclaim the fact of their liaA-ing 
done so in a manner M'hich, if possible, aggravates the offence. 

That the representatives of those nations "vvho are thus slighted and injured 
should be alloAved to learn, in the first instance by handbills circulated in the 
streets, that you have repudiated your engagements, is as unaccountable as the 
policy which could dictate a measure alike fatal to the character and credit of 
the republic. 

I will not dwell on other obnoxious paragraphs of this publication, as at pre- 
sent I cannot believe it to be authentic ; for when your excellency did me the 
honor of calling on me to-day, you in no way alluded to a subject Avhich wotild 
otherwise surely have formed the chief topic of yoin- conversation. 

Awaiting a reply at your earliest convenience, I avail, &c. 

C. LENNOX WYKE. 



EDclosure 3 in No. 18. 

Senor Zamacona to Sir C. WyJie. 

[Translation.] 

Mexico, July 21, 1861. 

The undersigned, minister for foreign affairs, has had the honor of receiving 
from his excellency Sir Charles Lennox Wyke, her Britannic Majesty's envoy 
extraordinary and minister plenipotentiary, the note in which his excellency 
requests to be informed whether the decree of the federal congress providing for 
a total suspension of payments, not excepting those of the London bondholders 
and diplomatic conventions, is or is not authentic. 

His excellency's request might have been looked upon as anticipated by the 
explanation the undersigned had the pleasui'e of making yesterday at the lega- 
tion only a few minutes after the note, to which this is a reply, had been sent to 
the foreign office, indeed while it was yet on its way there; but the private 
character of that explanation renders it incumbent upon the undersigned to 
recapitulate a portion of it in the present communication. 

In the first place, he begs to assure Sir Charles Wyke that so soon as the 
decree of yesterday was made known to him through the department of finance, 
he proposed to bring it at once to the cognizance of his excellency, though 
anxious that this step should be preceded by a visit, at which it was the inten- 
tion of the undersigned to give Sir Charles Wyke a fuller and more detailed 
explanation of the decree in question, its purport, and probable results, than was 
compatible with the limits of an official note. In the meanwhile, however, the 
decree was duly and fonnally published and printed in the daily newspapers, 
and this will account for his excellency the British minister having seen it before 
he received either an explanatory communication or visit from the undersigned. 

Sir Charles Wyke will now alloA^^ the undersigned the liberty of stating that 
he does not consider his excellency has formed a con-ect estimate of this decree, 
when he says the congress therein makes a free gift to the government of other 
people's property. Her Majesty's worth}' representative likewise goes on to 
qualify the act of congress as a total suspension of payments for the space of 
two years ; still it will not escajje his keen judgment that the application of the 
term " free gift" to what is merely the act of ratifying certain obligations, and 
specifying the mode of fulfilling the same, amounts to a misnomer. 

Neither can the undersigned agi-ee with Sir Charles Wyke in his opinion that 



282 THE PRESENT CONDITION OF MEXICO. 

tlie decree in question is a violation of Mexico's most sacred obligations towards 
other nations. Such a phrase would imply the idea of a voluntary and delib- 
erate act ; whereas the republic, in suspending the payments due to the diplomatic 
conventions, yielded not to the dictates of its own free will, but solely to the 
force of circumstances, which have rendered it morally and physically impossible 
for the nation to continue making those payments which have hitherto been 
made by means of the most stremxous exertions. When, then, such efforts have 
been unavailing, the government may be permitted to say so without any want 
of respect either for itself or for those nations with whom they may have en- 
gagements. 

To every obligation there is attached the tacit condition of possible fulfilment 
or non-fulfilment, and nobody has ever been judged faithless to his engagements 
for having, when compelled to suspend payment, stated the simple fact of such 
engagements being incompatible with possibility. 

Of such a nature is the statement contained in the decree that has now passed 
congress, and her Majesty's minister should not be astonished that it did so pass 
congress, or that it was afterwards published without the previous consent of 
the diplomatic representatives in their character of protectors to foreign creditors, 
for it must be treated of as the mere declaration of a simple fact, in no way 
tending to the modification or prejudice of the interests connected with the 
public debt. 

It will not have escaped the clear judgment of Sir Charles Wyke, acquainted 
as is his excellency with the actual situation of the republic, that the suspension 
of payments Avhich has lately been decreed, which only expresses what has long 
been the public feeling, and has formed the subject of confidential conversations 
with some members of the corps diplomatique, as well also as with some of those 
most interested in the foreign debt, has been brought about by an imperious 
necessity, which did not admit of any preliminary arrangement or adjustment. 
The government had to choose between two evils — either to respond to public 
opinion by adopting the only existing means of presei-ving order and reorgan- 
izing the whole administrative system, or to look quietly on and leave society to 
become an easy prey to the jjrevailing anarchy. 

Government, considering the preservation of order to be its first duty, and 
believing that for the positive good of all who had interests at stake in the 
coiuitry some one plan should be undertaken Avhich would tend to consolidate 
those same interests, presumed they might count, to a certain extent, upon the 
assent of the creditors. 

Sir Charles Wyke, then, will thus understand why the undersigned, holding 
as he does these opinions, can neither look iipon the decree originating this note 
as repudiating national engagements, nor as prejudicial to the good fame and 
credit of the republic. 

In order the better to understand the true force and purport of the decree, 
the undersigned would beg to refer her Majesty's minister to the note which has 
been addressed to the legation for the purpose of announcing to his excellency 
the act of congress ; and if Sir Cltarles Wyke considers that in the visit which 
the undersigned had the honor of paying yesterday at the mission he was only 
performing such an act of courtesy as should always precede any oflicial or con- 
fidential conferences upon matters of business, his excellency will cease to 
Avonder at tlie absence of special reference to the subject of this connnunication 
during the conversation which then took place. 
The undersigned, &c. 

MANUEL DE ZAMACONA 



THE PRESENT CONDITION OF MEXICO. 283 

Enclosure 4 ia No. 18. 

Senor Zamacona to Sir C. Wyhc. 

[Translation.] 

Mexico, July 21, 1861. 
The undersigned, &c., has the honor to inform his excellency Sir C. Lennox 
Wyke, &c., that the decree which forms the enclosure to this note has passed 
the federal congress of the republic, and that the undersigned brings it to the 
cognizance of his excellency on account of its connexion with the diplomatic 
conventions and their payments. 

From the known ability and sound sense of her Britannic Majesty's minister, 
the Mexican government are led to hope that his excellency ,_ so far from seeing 
in the above decree any cause for alarm on account of those interests which are 
under the protection of the British legation, Avill, on the contrary, perceive in 
this act of the legislature a proof that the republic is anxious to arrive at an 
estimate of their resources ; to organize those resources in the most profitable 
manner ; to cut at the root of such abuses as have hitherto brought censure 
upon the government, the supreme power being the first to submit to the restric- 
tions and other conditions necessary for this object ; and, at the same time, to 
place the engagements and obligations of the nation upon such a footing as will 
insure them in future a sure and lasting in^aolability. 

To fulfil faithfully their international compacts, the Mexican government have 
made almost superhuman efforts, and can show results of no ordinary kind ; 
such, for instance, as the present balance-sheet of the Mexican debt, whereby 
it is seen that no very notable change has been brought about therein by the 
continuous state of revolution. During this crisis, on the contrary, the position 
of foreign creditors has improved. In the midst of its greatest embarrassments 
the nation has gone even so far as to increase the rate of interest for paying off 
the public debt, and has thus deprived itself of the very means which were at 
its disposal for terminating the civil war ; in other words, the nation has paid its 
creditors their gold with the blood of its citizens. 

Since the revolution began the republic has been thirsting after peace, order, 
and security ; yet the government, fully convinced though they Avere of being 
able to right themselves if only they could count upon any means that would 
really admit of action, hesitated long before laying hands upon the funds des- 
tined for the payment of their foreign debt. So great, indeed, was their respect 
for these funds that they preferred to sacrifice their obligations to Mexicans, to 
trample imder foot the most cherished principles of their country, nay, even to 
imprison persons of the highest respectability, in order to obtain resources from 
the sums paid for their release, rather than touch a cent of the assignments des- 
tined for the diplomatic conventions and the London debt. 

So hateful an expedient, although it has served to prove their good faith to- 
wards other nations, has not been and never can be efficacious ; so that the gov- 
ernment has now to start afresh, as they should do, upon different principles, 
and with the fixed purpose of thoroughly reorganizing their plan of administra- 
tion, and of having recourse, not to temporary expedients, but such a system of 
taxation as from its nature will, while adding fresh vigor to government, abolish 
once and for all the old system of forced imposts. 

To carry out this principle the republic has need of its entire revenue and of 
conscientious and practical persons to administer the same ; and this is the inten- 
tion of the law which the undersigned has the honor of placing in Sir Charles 
Wyke's hands. 

The present government of the republic has to meet, on the one hand, the 
demands of society and civilization for order, and guarantees, on the other, those 



284 THE PRESENT CONDITION OF MEXICO. 

of the foreign creditors for nearly the entirety of the public revenue. So cir- 
cumstanced, no government could hesitate as to the course to be taken. 

The nation, then, has yielded to the cry of society and. ciAalization, has given 
way before a pressure too heavy for it to bear, but it has done so merely in order 
to recover strength and then return to the charge. • 

The government of the undersigned, originated the measures contained, in the 
enclosed decree ; and possibly they are the first rulers in the country who have 
religiously and honestly undertaken seriously to consider the nature of their 
obligations, and to discover the best means of meeting them. 

It is impossible for Mexico to attempt any administrative reform, or the re- 
establishment of peace and order, if she has to support the burdan of the national 
debt. 

To enable her, however, to remove whatever has led to those numerous ques- 
tions which have so incessantly occupied the attention of foreign representatives 
and the finance department, and to do away with the system of forced imports — 
to enable her to free herself from the necessity of breaking through her own 
liberal principles and overtaxing foreign imports — to enable her, in short, to pro- 
cure some portion of the money now paid by the maritime custom-houses to- 
wards the extinction of the debt — it is necessary she should be allowed a short 
respite wherein to recover herself, as well as the full use for a few daj's of her 
entire revenue. In that case, by proper management and economy, public order 
and tranquillity would be re-established, and the revenue of the country, with 
the exception of Avhat was absolutely requisite for the proper protection of 
society, set apart to meet the payment of arrears. 

The government of the xmdersigned considers that a debtor, so long as he is 
actuated by honorable feelings and a full detennination to cany out his engage- 
ments, does not forfeit his dignity in presenting himself to his creditor and 
frankly confessing he is, though temporarily so, unable to pay his debts ; and 
the sole object which that government now has in view is to prove to the world 
that they are really and truly resolved upon attempting administrative refonns 
in the country, as the only means left likely to produce any amelioration in its 
political condition. They perfectly understand that they have to struggle against 
the unfavorable impression caused by the abuses and irregularities allowed in 
former times ; yet it does not escape them that they have inherited this fresh 
difficulty in addition to the others which they have now to combat, though they 
are not ashamed of such difficulties, inasmuch as this is no exceptional case in 
the annals of Mexican revolutions, nor is it the work of the present adminis- 
tration. 

A nation, like an individual, has the right to ask to be judged by its own acts, 
and not according to preconceived prejudices or partial comparisons. 

When the president of the republic convened the members of the present 
government they each and all, with heartfelt sincerity and honesty of purpose, 
hailed the idea of at once fearlessly grappling with the difficulties of the problem 
upon the solution of which depended the great question of reform. They saw 
that the nation lacked not the material elements of such a work, but merely their 
proper organization. Nor were moral elements wanting ; for were there not 
proofs to the contrary in the general longing for the time when, upon the spu- 
rious and self-interested promises of a frivolous and corrupt minority, there 
shoidd be built uj) lasting institutions, under whose protecting influence Mexi- 
cans and foreigners alike would deem their honor, lives, and property secure ? 
The government saw that the nation was weary of its state of anarchy ; that 
it cursed the abuses and the recklessness which had brought upon it discredit 
and ruin. They saw, in fact, that the majority in the country asked but hon- 
esty of purpose from the ruling power, and they did not hesitate to consecrate 
their efforts exclusively to respond to so just a call. 

The cabinet, of which the undersigned is a member, takes pride in its firmness 



THE PRESENT CONDITION OF MEXICO. 285 

of purpose, and considers that it merits the sympathy and co-operation of foreign 
representatives, whose presence in the republic is not solely for the protection 
of specified interests or nationalities, since their mission is equally one dedicated 
to the cause of humanity and civilization. 

Sad, indeed, would it be if history had one day to recount how that this country, 
after the most trying vicissitudes, came to be ruled over by men who, without 
any supernati^ral gifts, and animated solely by their patriotism and their expe- 
rience, shi-unk not from making one final effort — an effort such as never yet had 
been made — to establish in Mexico the rule of reason and morality, yet that 
this effort was shipwrecked on the prejudices and scepticism of the most enlight- 
ened nations of the Avorld in respect to Mexico's future and Mexico's capabilities 
for reform. 

Every impartial person must look upon what is now passing as a proof of the 
energy and loyalty which Mexico is displaying in her endeavors to attain that 
position which reason and prudence dictates. Government, at the outset, has 
procured and dedicated to the interests of the public debt all the national pro- 
perty. They have initiated a system of economy which is already in operation ; 
and as a result thereof, have imposed upon themselves and their subordinates 
such restrictions and self-denial as have never yet been imposed by any former 
administration. They have further been occupied with the details of a pro- 
gramme based upon those principles of economy which experience has proved 
to be necessary. Great progress, too, has been made towards establishing public 
order and tranquillity by the steps taken by government for tracing out clearly 
the position which the States hold in respect to the supreme federal power. 
Moreover, the Departments of State now are denied to those who would hold 
office simply to speculate in the gains of the reigning disorder and confusion, 
and the present rulers of Mexico would sooner sink under their difficulties than 
yield an inch of the ground on which they have taken their stand in defence of 
reform and morality. 

All those who have interests in the country, all indeed who would see ci\'ili- 
zation on the increase, should aid the government in attaining the objects they 
have in view, instead of throwing obstacles in their way. The great European 
powers are extending their sympathies at the present hour to those countries 
who are striving to join the rest of mankind in the great Avork of civilization, 
and Mexico would fein hope that she is not alone to be excepted. 

The very creditors of Mexico themselves should, the undersigned thinks, in 
their own interests, feel that great encouragement is given to them at the present 
moment ; for it is not the republic alone that is now concerned in the proper 
regulation of the public debt under surer guarantees, and in the necessity of 
consolidating the same. The creditors of the nation have even a higher interest 
at stake, inasmuch as by no other means than those already mentioned can they 
expect to obtain greater advantages than those they now possess, notwithstand- 
ing that they have gradually acquired for themselves almost the entire revenue 
of the country. 

This very circumstance is regarded, and Avith reason, as a proof of non- 
stability, while it equally produces distrust in people's minds, a state of things 
no less prejudicial to the republic generally than to its creditors. 

Upon this point natural instinct cannot be deceived. As matters now stand, 
whether in respect to the country or the creditors, it might be possible that the 
drain upon the revenue could be continued for the space of a feAv months, but it 
would be possible only at the price of certain ruin, alike to the coiantry and the 
creditors. 

Had the government hesitated to adopt the measures for a radical financial 
reform, to which sufficient reference has already been made, they would have 
been either compelled, against their principles and inclination, to impose fresh 
taxes upon foreign importations, or quietly to submit to every interest connected 



286 THE PRESENT CONDITION OF MEXICO. 

with social order being swallowed up iu the flood of anarchy — an idea too 
hon-ible to be thought of. 

To avoid either of these extremes the government, guided by their conscience 
and feelings of patriotism, suggested the plan contained in the enclosed decree. 
If, as it is to be hoped, it should meet with support and sympathy from other 
nations, Mexico would be able to raise her voice and proclaim aloud that she 
had entered upon the one road that could lead to her salvation. Should it be 
otherwise, the nation must perish, and with her all those interests which are so 
closely connected "v\ith her future prosperity. Be this as it may, the govern- 
ment that in these stormy days rules over the destiny of Mexico, will have had 
the honor and glory of initiating and doing battle for the only means left that 
could save their country. 

The undersigned would feel obliged to her Majesty's envoy extraordinary if 
his excellency would transmit a copy of this note to his government, and avail 
himself, &c. 

MANUEL DE ZAMAOONA. 



Enclosure 5 in No. 18. 
Sir C. Wykc to Senor Zamacona. 

Mexico, July 22, 1851. 

Sir : In reply to your communication bearing yesterday's date, which I have 
just had the honor to receive, I will endeavor to answer seriatim the objections 
you have to offer to the statements contained in my note to your excellency of 
the 19th instant. 

You state the reasons why the financial decree was not sooner communicated 
to this legation, and say that you were anxious personally to explain to me the 
motives which had originated it ; but what I complained of was, that it should 
have passed into a law without the intention even of carrying it into execution 
ever having been announced to me. 

When two parties bind themselves to perfonn certain stipulations, neither of 
them has the right to free himself from such obligations without having first of 
all obtained the consent of the other contracting party. With regard to what 
you say about the impropriety of my calling this act of the congress a giving 
away of other peoples property without their consent, permit me to observe that 
I am perfectly justified in making that assertion, for in matters of this nature 
time is often equivalent to money, and the arbitrary act of stopping all payments 
for the space of two years is depriving the parties interested of their money for 
that space of time, which is a dead loss of so much value to them. 

The imperious necessity which you urge as an excuse for the act cannot iu 
any way justify the manner in which you have made yourselves sole judges of 
that necessity, without first of all urging it on the forbearance of your creditors, 
in order to obtain their consent to what you were about to do. 

A starving man may justify, in his own eyes, the fact of his stealing a loat 
on the ground that imperious necessity impelled him thereto ; but such an argu- 
ment cannot, in a moral point of view, justify his violation of the law, which 
remains as positive, apart from all sentimentality, as if the crime had not had an 
excuse. If he was actually starving, he should have first asked the baker to 
assuage his hunger, but doing so of his own free will, without permission, is 
acting exactly as the Mexican government has done towards its creditors on the 
present occasion. 

Although, as your excelleucy truly observes, the law just published does not 



THE PRESENT CONDITION OF MEXICO. 287 

certainly affect the rights of the parties interested, yet it does most positively 
touch their material interest* by depriving them of payments on which they had 
counted to fulfil their other engagements. 

With regard to the hope of immediate relief which you seem to entertain 
from the operation of this measure, I am convinced that it will, on the contrary, 
greatly aggravate the actual difficulties under which you are now laboring, and 
that for reasons so evident that I will not now advance them. 

I am not aware that the project of this law Avas shown to other diplomatic 
agents, but I certainly never heard of it before under its present form, and 
therefore, as far as I am concerned, the case stands exactly as I have stated it. 

"With regard to the light in which your excellency views this question, as ex- 
pressed in your above-named note, you will, I am sure, excuse me for stating 
that it cannot be treated of partially, without also taking into consideration the 
opinions of those who directly suffer from the practical operation of such ideas 
as emanating from yourself and the other members of the government who 
submitted the project to the congress. 

With respect to what you mention about a note addressed by your excellency 
to this legation with reference to this matter, I must inform you that it has never 
reached me, and that, therefore, I had a full right to complain, as I did in my 
communication to you of the 19th, of having first of all heard of this extraor- 
dinary measure of the government by seeing it in printed bills placarded through 
the public streets of the capital. 
I have, &c. 

C. LENNOX WYKE. 

P. S. — Since writing the foregoing lines, the note of your excellency alluded 
to above as missing, has been put into my hands, it having reached this legation 
an hour and a half later than the one to which this is a reply. 

0. L. W. 



Enclosure 6 in No. 18. 



Sir C. Wyke to Sc/ior Zamacona. 

Mexico, July 23, 1861. 

Sir: Your excellency's note of the 21st instant reached me yesterday after- 
noon, by which I learn that the decree forming its enclosure has passed the 
federal congress of the republic, and that you forward it to me as directly bearing 
on the stipulations of the diplomatic convention for the payment of British 
claims concluded between Great Britain and Mexico in the year 1851. 

I have already so fully explained to you, in my notes of the 19th and 22d of 
this month, what I think of this decree, and the manner in which it has been 
issued, that any further observations of mine with reference to it would only be 
superfluous, and prolong a correspondence which should never have been called 
for at all. 

As to the appeal you make to the indulgence and forbearance of her Majesty's 
government, in order to obtain their sanction to a measure which is of itself 
sufficient forever to deprive you of their confidence, I need only remind you 
that such indulgence has already been too far abused by the utter failure of all 
your engagements in the affairs of the Calle de Oapuchinas and Laguna Seca 
for it to be again extended to those who, instead of feeling grateful for it, only 
seem to count on its exercise in order to free themselves from every obligation, 
however binding it may be. 

Apart from these considerations, however, the carrying out of this financial 



288 THE PRESENT CONDITION OF MEXICO. 

law, so far from benefiting the nation, Avill only plunge it into tenfold gi'eater 
difficulties by largely increasing its obligations to its creditors, and at the same 
time striking at the root of its credit and commercial prosperity. 

That which is in itself wrong can never come right, for it is a well knoAvn 
axiom that spoliation, as a source of revenue, soon exhausts itself. 

It is not by such means that the resources of the country can be augmented^ 
but by a determination to make every sacrifice, and incur every privation, with 
a view of maintaining your honor and fulfilling your engagements. This deter- 
mination, once adopted and manfully put in practice, Avould at once inspire con- 
fidence and rally round you those Avhose sympathies you noAv appeal to in vain, 
because they doubt, from past experience, both your prudence and your sincerity. 

In using language thus strong you must not attribute to me a desire to offend, 
which is, indeed, far from my intention, but I have a duty to perform both to 
my own government and to that to Avhich I am accredited, Avhich impels me 
fearlessly to tell the truth and Avarn you against the inevitable consequences of 
a step alike fatal to yoiu- own interests, as Avell as to those of my countrymen 
affected by that laAV. 

It now only remains for me to protest most solemnly, as I hereby do, against, 
this decree, at the same time that I hold the republic responsible for all and 
every damage and prejudice caused by it to the interests of those Avhom I repre- 
sent in this matter; and further to Avarn your excellency that, unless the said 
decree is withdrawn Avitliin forty-eight hours from this present time, 1 shall, until 
I receive fresh instructions, suspend all official intercourse Avith the Mexican, 
government, as any longer maintaining such under existing circumstances would 
be incompatible Avitli the dignity of the nation I have the honor to represent. 

In compliance Avith your request, I will transmit a copy of your excellency's- 
note of the 21st instant to hei Majesty's government. 
I aA'ail, &c., 

C. LENXOX WYKE. 



Enclosure 7 in No. 18. 
Sir C. JVyle to Sector Zamacona. 

Mexico, July 25, 1861, 5 ]>■ m. 

Sir: The day before yesterday, at this hour, I had the honor of infonning^ 
your excellency that, if the decree of the 17th instant Avas not AvithdraAvn AA^thin 
forty -eight hours I should feel it my duty to suspend all official intercourse Avith 
the Mexican government until I sliould receive' instructions from her Britannic 
Majesty's government as to the next step to be taken in the matter, Avhich not 
only implies the breach of a solemn international compact, but also carries Avith 
it so great a slight as almost to amount to a direct insult to the nation I have 
the honor to represent. 

The term having now expired Avithin Avhich I should have receiA'ed a reply, 
and none liaAMng reached me, I take your silence as a refusal of my demand;, 
and I therefore, from this time forAvard, suspend all official relations Avitli tlie 
government of this republic until that of her Majesty shall adopt such measures- 
as they shall deem necessary under circumstances so unprecedented. 
I have, &c., 

C. LENNOX WYKE. 



THE PRESENT CONDITION OF MEXICO. 289 

Enclosure 8 in No. 18. 

Sc7wr Zamacona to Sir C. WyJce. 

[Translation.] 

Mexico, July 25, 1861. 

Tlie communication wliicli liis excellency lier Britannic Majesty's minister was 
pleased, under yesterday's date, to address to the undersigned upon the subject 
of the decree of the sovereign congress proclaiming a total suspension of pay- 
ments, not excepting those of the diplomatic conventions and the London debt, 
has rendered it incumbent upon the undersigned to make certain explanations, 
without which it might be supposed that his government had accepted as u-re- 
futable some of the facts and statements therein adduced by Sir Charles "Wyke. 

Once for all, then, the undersigned rejects the notion entertained by his excel- 
lency in his notes of the 19th and 22d instants, that the decree of the 17tli 
implies an act of spoliation. 

This act of the legislature carries with it no legal right whatever to rob for- 
eign creditors of what belongs to them. The nation, in whose house of repre- 
sentatives the decree in question Avas carried with scarcely a dissenthig voice, 
has never sought to disavow the rights which have accrued to others from inter- 
national compacts. Still she has been forced to declare that, for some time to 
come, such rights cannot continue to be a drain upon the revenue of the mari- 
time custom-house, for that revenue, the only one government possesses for 
immediate purposes, does not suffice for the actual exigencies, temporary though 
they be, of the comitry and society, and at the same time for the payment of 
the interest and principal of the public debt. Government have obligations to 
perform both towards society and their creditors. They cannot perform both 
at once, and consequently, by the decree which has originated this note, govern- 
ment have done nothing more than place those obligations in their legitimate 
order, without attacking or disavowing any of them. 

His excellency her Majesty's envoy extraordinary, while attempting to clothe 
the act of congress in the garb of spoliation, has in one of kis former notes em- 
ployed a simile, the inaptitude of which is strikingly perceptible. His excellency 
compares the government at this moment to a person who, impelled by hiuiger, 
assaults and robs a provision merchant. Now, two ruling principles are implied 
in such an act, one of aggression, the other of robbery, neither of which can 
even be assumed in respect to the conduct of government towards its 
creditors. Of not a sixpence have these same creditors been deprived ; and if 
one had to employ a simile to qualify the conduct of government, it would be 
rather that of a father overwhelmed with debts, who, with only a small sum at his 
disposal, scarcely sufficient to maintain his children, employed it in the purchase 
of bread instead of in the payment of his bills. Were her Britannic Majesty's 
representative a member of the family, would his excellency be eager to qualify 
his father's condu.ct by the name of spoliation 1 

In every-day life one is accustomed to see people who suspend payment, owing 
to pecuniary embarrassments, yet nobody seeks to call them thieves. Now. in 
the decree upon which her Britannic Majesty's minister passes so severe a sen- 
tence, not a single word is there which can give rise to the idea of thieving pro- 
pensities. Payments, it is true, are stopped, because government cannot pay 
out of the funds assigned to it. They are stopped because the nation, to be 
orderly and at the same time methodical in the accounts of the public debt, 
wants, as soon as possible, a government ; yet still, with feelings of loyalty and 
with a solicitude worthy both of being more justly appreciated, she has given her 
creditors a two-fold guarantee — firstly, in the plan itself, so complete, so impar- 
tial, a plan wherein looms a prospect of solid stability; and, secondly, in the 

H. Ex. Doc. 100—19 



290 THE PEESENT CONDITION OF MEXICO. 

assignment of a special fund of several millions, (most of which can shortly be 
realized,) Avhereby, even during the period of suspension, (in their case nominal,) 
the foreign creditors will obtain even better security than what was given them 
in the maritime custom-houses. 

It is not, M. le ]\[inistre, about sacrifices or money that Mexico is haggling; 
that which she is defending are the principles of order; that which she is 
longing for is system and organization, without which she is lost ; and she is 
searching after prudence and method, so that she may never again be accused of 
slovenliness and mismanagement by those who regard as a national vice what is 
but a phenomenon inseparable from a state of revolution. 

It is well, too, to state accurately the attitude of Mexico before her creditors, 
both as it was and is; for it is not such a one as his excellency her Majesty's 
envoy describes in his last note. To judge therefrom, our republic has never 
been axight than an indigent debtor, who, from time immemorial, has responded 
with ingratitude and bad faith to the undeniable generosity and indulgence of 
her creditors. 

The undersigned shuts his eyes purposely to the history of the foreign debt, 
for neither Avould he wish to employ the bitter tone of Sir Charles Wyke's note, 
nor give the slightest indication of Mexico's belonging to the set of faithless 
debtors who, to avoid payment, dispute the legality of their obligations. Mexico, 
on the contrary, recognizes in a high degree her engagements, and will abide by 
them, moreover, without taking exception at the antecedents of the original 
contract. 

But the undersigned is convinced that, when this correspondence shall have 
come to light, all who are familiar with the history of om- external debt, all who 
are acquainted with the primary elements of the British convention, and know 
how the parties interested therein were allowed the advantages of increased 
interest in the midst of a ruinoits civil war, and in the days of Mexico's hardest 
stniggle, will see something strange in the allusion of his excellency her Majesty's 
minister to the indulgence of which the foreign creditors Avere so prodigal, but 
which the republic so systematically abused. 

Had the demands of the creditors been somewhat fcAver, then, perhaps, the 
fulfilment of international engagements might haA'e come Avithin the range of 
possibility. Mexico, hoAvcA^er, has been like those fields Avhere the harA'ests 
have been out of proportion to the fertility of the soil, and the day comes when 
the land becomes impoverished, yields nothing, and is obliged to lie fallow for 
one or tAvo years. 

The xmdersigned considers he should not pass over in silence the charge 
which is made against his gOA^ernment of haAnng failed to fulfil their engagements 
in respect to the funds seized at the British legation by functionaries of the re- 
action, and to the money-convoy "occupied" at Laguna Seca. 

In the first case, goA^ernment, with the consent of the legation, engaged simply 
to make the perpetrators of the act resjjonsible, and if such means did not lead 
to the desired result, A'iz, indemnity, to discuss others Avhich might do so. No 
one, then, can say that until noAv goA'ernment has not fulfilled their engagement 
in this case. 

As for the affair of Laguna Seca, Avhen government undertook to repay, 
within the space of four months, AAdiat remained unpaid of the amount "occupied" 
out of tjie "conducta," they did so at a time Avhen they could not foresee that 
the remnant of tin? reaction Avould turn refractory, and obligi^ them to enter upon 
an expcnsiA'e campaign, Avhich Avould ups(>t all their financial calculations. 

Notwithstanding this, however, they liaA'c made CA'cry kind of sacrifice, 
monetary and otherwise, to keep intact this special debt — to an extent, indeed, 
that has left them in possession of but a small available surplus. No one Avho 
does justice to the Mexican nation can refuse to acknowledge the exemplary 



THE PRESENT CONDITIOX OF MEXICO. 291 

manner in wliicli slie has endeavored to satisfy lier creditors, to the unstable 
disparagement of national interests. 

The actual amount assigned for tlie payment of tlie foreign debt during the 
residence of the constitutional government at Vera Cruz, and that, too, at a time 
when the re-establishment of peace was being laboriously worked out, and when, 
consequently, the country could ill-sustain the heavy demands made upon it, 
speaks volumes in itself. 

The little faith manifested by his excellency Sir Charles "Wyke as to the 
results of the financial law, and the small value he puts upon the guarantees it 
gives to foreign creditors, do not seem to be shared in by the parties themselves 
who are interested in the diplomatic conventions, since it is only within the last 
few days that government had all but concluded an an-angement with them, the 
basis of which would not have interfered with their present rate of interest, but 
it could not be perfected owing to her Majesty's envoy extraordinary having 
refused to sanction it. 

The same may be said of the creditors in the matter of the Laguna Seca 
"conducta." Guided by natural instinct — so infallible a rule where individual 
interests are concerned — they did not, like Sir Charles Wyke, entertain any 
doubts about the prudence and sincerity of the government. And touching these ■ 
said doubts, amounting, as they do, to an insult, his excellency Avill permit the 
undersigned to exhort him to commune with his conscience, and ask it Avhether 
or not the tone of his excellency's last communication is such as should be used 
by a creditor, calling himself generous and indulgent, towards a friend who is 
in his debt and overwhelmed by difficulties. 

It cannot escape the enlightened understanding of his excellency the repre- 
sentative of Great Britain that, in demanding from the government of the under- 
signed the withdrawal, Avithin forty-eight hours, of the late decree, he simply 
demands an impossibility. Neither could the government initiate the AvithdraAval, 
for it would be ef[uivalent to initiating the reign of anarchy and a general disso- 
lution of society; nor could congress, Avho had carried this law almost by 
acclamation, and who Avere conA'inced of its vital importance to the republic, 
listen for a moment to such a proposition. 

The protest Avith Avhich his excellency her ^Majesty's envoy extraordinary 
concludes his note appears to the undersigned so much the more superfluous, as ■ 
in his very first note upon this subject the imdersigned had, so to speak, also 
protested, but against the supposition that the last act of congress in any way 
affected the lawful rights of the persons interested in the public debt. 

The undersigned will further take the liberty of stating, AA'ith all due deference 
and respect to Sir Charles Wyke's sound judgment, that, very far from seeing 
in the suspension of relations, now annomiced by his excellency as representative 
of Great. Britain, an act due to the honor and dignity of England, he thinks it 
not improbable that all nations who consider the matter impartially will look 
upon this step as absolutely uncalled for; and he therefore trusts that his ex-- 
cellency, while aAvaiting the instructions to which he alludes, Avill continue his 
friendly relations to this government, for the interruption of Avhich there can be 
no possible cause, while their maintainance will surely contribute to the satis- 
factory solution of the present difficulty. 
The undersigned, &c. 

MANUEL DE ZAMACONA. 



292 THE PEESEXT CONDITION OF MEXICO. 



Enclosure 9 in No. 18. 

Senor Zumacona to Sir C. IVi/ke. 
[Translation.] 

Mexico, Juhj 25, 1861. 

Tlie uudersigncd, tfcc, lias tliis moment had tlie honor of receiving from his 
excellency Sir C. Lennox Wyke, &c., the note in which his excellency is pleased 
to annoimce the suspension of his relations with the government of Mexico. 

Sir Charles Wyke must have received the communication which the under- 
signed had the honor of addressing at 5 o'clock this afternoon; this will prove 
the utter absence of any motive for a suspension of relations between the gov- 
ernment of Great Britain and that of the Mexican republic. 

Neither can there be any cause for the resolution taken by Sir Charles Wyke, 
in the expiration of the forty-eight hours fixed by his excellency in his note of 
the 23d instant, (as the term to be allowed to government for answering the 
ultimatum,) inasmuch as it was only 7 o'clock in the evening of the 23d that 
the above note was received at government house. 

The undersigned, in calling attention to his last communication, avails, &c. 

MANUEL DE ZAMACONA. 



Enclosure 10 in No. 18. 
Sh' C. IVi/ke to Senor Zamacona. 

[Private.] 

Mexico, July 26, 1861. 

Dear Sir : At 7 o'clock yesterday evening, that is, two hours after the 
•expiration of the forty-eight hours in which I had required a reply to my note 
of the 23d instant, I received yours dated the 2otli, to Avhich, consequently, I 
can only reply by a private letter, as its contents have in no way changed the 
resolution which both the French minister and myself have been driven to adopt 
by the extraordinary and unjustifiable conduct of the Mexican government with 
reference to the decree of the 17th instant. 

A careful perusal of your above-mentioned note has convinced me that mine 
of the 23d, to which it is a reply, has not been properly translated to you, as 
you put some things into my mouth which I never said, and so twist the sense 
of others as to give them a totally different meaning from what they really 
convey. 

Passing by this, however, I will only revert to the really essential part of 
your note, which is the refusal to rescind a financial scheme, the maintenance 
of which, besides plunging the republic into further pecuniary difticulties, Avill 
have the effect of bringing it into collision with the two first maritime poAvers of 
the world, and that, too, in a quarrel which you have originated, and where, 
pci-mit me to say, you are quite in the wrong. 

As I am in thus writing to you unfettered by the reserve imposed in an official 
correspondence, I may tell you frankly that you are leaning on a broken reed 
when you trust to the sympathy of those whose interests Mexico has systemati- 
cally sacrificetl to her own. This is proved by the history of the f<ireigu debt 
as applicable to the bondholders, Mhich it would be well that you should care- 
fully study, and you will then see that the repeated engagements made with 
them have, up to the present moment, always been either entirely evaded or 



THE PRESENT CONDITION OF MEXICO. 293 

only partially executed, as, for instance, Avlien, after consenting to a reduction of 
interest of from five per cent, to tliree per cent, on tlie condition of receiving 
certain payments from the duties levied in tlie Pacific ports, they do not receive 
one sixpence from that source, and are only very partially paid from the Atlantic 
custom-houses. 

I will not dwell on the long and dreadful list of murders committed on my 
unfortunate countrymen, which, with one exception, I believe, have remained 
unpunished from the date of your independence do^Ti to the recent dreadful 
butchery of poor Mr. Beale at Napolis. 

Do you think that these lamentable facts are calculated to gain our sympathy 
or inspire us with confidence in a people who thus violate their engagements 
with us, and kill our fellow-subjects with perfect impunity 1 

It is really time that the govex-nment of Mexico should open their eyes to the 
natural consec|uences produced by such conduct, and should become aware of 
the unfavorable opinion entertained of them in Europe. 

Whose fault is it that the country has been deluged in blood ever since the 
declaration of its independence but that of its own citizens, in constantly making 
revolutions and carrying on a series of fratricidal wars amongst themselves; 
which have reduced one of the finest countries in the world to misery, and so 
degraded its population as to make them dangerous, not only to themselves, but 
to everybody coming into contact with them ? 

You appeal to the generous sentiments of creditors toAvards an unfortunate 
debtor bowed down by his difficulties, forgetting that that debtor, with only 
conunou prudence within the last six months, might, at this moment, be actually 
free from debt, had he not wilfully and recklessly squandered the millions he 
then had at his disposal. 

As to the mode of payment proposed to certain British claimants, to which 
you allude in your yesterday's note, it was so impracticable as to be unacceptable 
to all of them when its real nature was pointed out to them. 

With regard to what you say about the Lagvma Seca robbery and the lega- 
tion outrage, it is useless for the Mexican government to deceive itself by calling 
the former an " occupation of funds," and the latter a deed performed by the 
" functionaries of the reaction." The first was a theft and the second an un- 
heard-of violation of international law, committed by a government recognized 
by every European nation, and for both these crimes, as yet unatoned for, Great 
Britain Avill surely hold this republic fully responsible. 

I have already extended this letter to an undue length, and must therefore 
conclude, but before doing so let me again urge you, for your own sakes, to 
retrieve the fatal error yon have made with regard to this decree by immedi- 
ately withdrawing it, for otherwise all official intercourse betAA'een this legation 
and your government becomes impossible, and you will remain with the respon- 
sibility attaching to an act which, both in form and substance, is perfectly un- 
justifiable. 

Trusting that you will receive what I have now written in the spirit which 
really dictated these lines, I will take leave of a subject which is a much more 
serious one than seems to be supposed by the Mexican government. 

In a second note of yours received yesterday, you complained that my note, 
written at 5 o'clock on the 23d, only reached you at 7 o'clock on that day, and 
that consequently, in writing to you yesterday at 5 o'clock, you had had only 
forty-six, instead of forty-eight hours' delay before the suspension of official 
relations. This I regret, but it was not my fault, as on both days I despatched 
my note from here at half-past five in the afternoon. In point of fact, however, 
the two hours thus lost are of^o importance, as you refuse to withdraw the ob- 
noxious decree. 

Believe me, &c., 

0. LENNOX WYKE. 



291 THE PEESEXT COXDITION OF MEXICO. 

Enclosure 11 in No. 18. 
Messrs. Gra/tam, Geaves ^' Co., and others, to Sir C. Wyhe. 

Mexico, July 2.3, 1861. 

Sir : Wc, the undersigned, British mercliants, beg leave most respcctfnlly to 
solicit jour excellency's poAverful assistance under the following circumstances : 

By article 13 of the government decree of July 17, Avhich has been recently 
published, (copy of which Ave enclose,) the duty styled " contra-registro " is in- 
creased from 20 to 40 per cent, on the amoimt of import duty. 

This double " contra-registro " duty is recoverable immediately, and therefore 
even goods which were forwarded last month (and but for the unprecedented bad 
state of the roads would have arrived before the decree in question was issued) 
are also subject to the increase refen-ed to, and Avhich is the more unjust and 
severe as goods have been sold to arrive vmder the existing tariff, and conse- 
quently a dead loss is at once sustained. 

It is to be observed, also, that, as this additional duty is recoverable in the 
federal district, or in the capital of the republic only, all the other States are 
exempt from the charge, and consequently offering a fm-ther inducement to the 
illegitimate trader through the northern frontier, to the extra detriment, not to 
say ruin, of the Vera Cruz merchant. 

"We would further beg leave to point out, for the consideration of your excel- 
lency, that the measure now adopted by government is in every way analogous 
to the one of the year 1839, when the duty then called " consume " duty was 
increased from 16§ to 50 per cent., but which, through the intluence of her Ma- 
jesty's legation, was abolished ; and we believe to be correct in stating that a 
diplomatic convention was made at the time between Sir llichard Pakenham and 
the Mexican government, to the effect that no increase of duties affecting British 
commerce could from that time forward be enforced, except "with a prior notice 
of six months, a record of which, if we may be allowed to remark, will probably 
be found in the archives of her Majesty's legation for the years 1S40-'41, and 
there exists an acknowledged, though unsettled claim, at the present day, for 
that increase of duty, which had been exacted on British goods during the first 
six months. 

We have, &c., 

GRAHAM, GEAVES & CO., 

And others. 



Enclosure 12 in No. 18. 
»S'/;- C. Wyhe to Messrs. Graham, Geaves Sf Co., and others. 

Mexico, July 24, 1861. 

Gentle.men : I have to acknowledge receipt of your letter bearing yester- 
day's date, by Avhich you request my assistance to prevent the execution of 
article 13 of tlic decree of the 17th instant, by which a double "contra-registro" 
duty is not only levied on goods imported into the federal district, but is also 
claimed from the date of the decree. 

I fully concur in the justice of your observations on the subject, for the tax 
is not only injurious to the legitimate commerce of the country, but is also, in 
my opinion, a shameful robbery of those merchants who have sold their goods 
" to arrive." I should not, therefore, have hesitated in protesting against the 



THE PRESENT CONDITION OF MEXICO. 295 

immediate application of tlie double " coutra-registro " duty, but, as you are 
probably aware, tlie decree in question contains infractions of international en 
gagements of a mgst serious character ; and I have tlierefore, on tliese grounds, 
whilst protesting against the decree, declared to the Mexican government that if 
it is not withdrawn within forty-eight hours I shall suspend all official intercourse 
with them until I receive further instructions with reference to this matter from 
her Majesty's government. 
I am, &c., 

C. LENNOX WYKE. 



Enclosure 13 in No. 18. 

Senor 7,amacona to Sir C. Wyhe. 

[Translation.] 

Mexico, July 27, 1861. 

My Dear Sir : I have had the honor of receiving your letter of yesterday, 
and I am glad that it gives me the opportunity of asking you to listen once 
more to the voice of one who is as sincere as he is honorable ; of one whose love 
for his country is only excelled by his love of justice and reason ; of one who 
is confident that you will be brought to do justice to the intentions of the Mexican 
govei'nment, for, as if by insjDiration, he knows you to be possessed of similarity 
of sentiment with himself. 

It cannot be that, talented and generous as you are, you have yet thought it 
strange that government should refuse to withdraAV the decree of the 17th instant. 
Your conscience must tell you, M. le Ministre, that it is an impossibility you ask 
of government, for how could they entertain your proposition ? The mere 
preliminaries for the suspension of a law which had passed congress would take 
up more time than what you have allowed for deciding whether or not our 
official relations were to be maintained. This single fact would account for the 
position taken up by government, as well as for their determination to meet 
boldly dangers and difficulties even greater than those which you have had the 
goodness to warn me against. 

Such a step as the one you noAv propose if taken by Mexico could not but 
prove suicidal to her political standing as a nation, for it would be equivalent to 
the surrender of her constitution and her sovereignty into the keeping of the 
foreign diplomatic body, and that too in a matter where my inmost conviction 
tells me that justice is on our side. 

Still, as in the correspondence which has passed betAveen us during the last 
few days I had seen the opposite doctrine sustained and heard the conduct of 
my government qualified repeatedly as vmjustifiable, I began to distrust my own 
convictions about equity and common sense, so much so that I sought to justify 
myself and my country by a reference to international law ; and I can only say, 
now that the work of reference is over, that my former convictions are only the 
more confirmed. 

I perceive, M. le Ministre, that writers on international law hold it to be a 
general principle, that any change of circumstances or the positive inability of 
one of the parties in a contract to fulfil the same does of itself nullify a bond ; 
and since I likewise, in my turn, may be permitted to avail myself of the 
advantages of a private letter, I will take the liberty of doing what might be 
considered in the light of pedantry were I writing to you officially, and make 
certain quotations which bear upon this question. 



296 THE PEESEXT COXDITIOX OF MEXICO. 

Grotius and Corcellus hold that " the obligation which results from a compact 
becomes null and void so soon as its frilfilment becomes impossible." Wheaton 
too has the followdng passage : " Treaties may be avoided, even subsequent to 
ratification, upon the ground of the impossibility, physical or moral, of fulfilling 
their stipulations. Physical impossibility is where the party making the stipula- 
tion is disabled from fulfilling it for want of the necessary physical means 
depending on himself." In Martens we read, " Physical impossibility in a 
nation to fulfil treaty engagements absolves it from the obligations of the compact, 
but not from the obligations to make indemnity should it be proved that the 
physical impossibility could have been foreseen, or that it was caused by the 
nation itself." And Helfter has the following remarkable sentence : " The con- 
tracting party may refuse to fulfil his engagements when thek fidfilment becomes 
impossible and is likely to remain so, even though the contract be violated, more 
especially if private duties or the rights and Avell-being of a people are concerned." 

I could go on quoting, but I should exceed the limits of this note were I to 
bring forward the numerous authorities uj)on this recognized principle of inter- 
national law. 

There is, M. le Ministre, something inexplicably harsh in denying the right of 
Mexico to the sympathy of her creditors, and in saying that she has systematically 
sacrificed their interests to her own. 

I had already, before receiving your advice, studied the history of the English 
debt, and my research has shown me that from the very date of the London 
loan the republic has been a loser, its actual loss amounting to something like 
88,000,000 ; that when bonds Avere issiied in the year 1824 she did nothing less 
than make good at par what she could have made good at 50 per cent.; that 
later on she lost several millions in the failure of those British firms who had 
been mixed up in the business, yet that still, notwithstanding the civil war which 
has for years been raging in the coimtry, she has made the bondholders such 
remittances as cannot but have filled their pockets beyond what could have been 
expected, considering the circumstances of the country. But this refers solely 
to the exterior debt, which perhaps has suffered less than anything else from 
the vicissitudes Mexico has had to undergo, since, at all events, this particular 
debt has been attended to with something like the very care and method which 
the government is desirous of employing in respect to the entire public debt. 

While her Majesty's legation is talking about the history of the exterior debt, 
it would be well if, instead of turning their attention solely to the question of 
the London loan, which has no diplomatic character whatever, they looked into 
the matter of the British convention and stated frankly who really have been 
the sufterers in this business, and who have had to make sacrifices and undergo 
hardships. Let them say whether or not the republic has come off scot-free, 
when in the midst of her difiicultics she has gone on punctually paying the 
assignments of the British convention and even increasing the rate of interest 
on those assignments. 

In one of my last ofiicial commixnications I mentioned to you that feelings of 
delicacy prevented ray entering into the details of the convention question. I 
can, however, in a private letter call your attention to the kind of elements 
composing this diplomatic arrangement, and to the consequences resulting thei-e- 
from ; indeed, it is only a few days ago that an English paper in this capital 
brought the matter to light, and proved nothing less than that Mexico had been 
paying for some tobacco concern at the rate of two ounces for each box ot 
cigars. 

As to the complaints which you have made about the robberies and murders 
that of late have been committed in the reitublic, thougli tluy have not solely 
been committed upon the persons of Euglishnu'U, but e(|ually upon Mexicans, 
nobody need have less cause to blusli than those who, like the prest-nt govera- 
ment, are giving the most positive proofs of how much they are taken up with 



THE PKESENT CONDITION OF MEXICO. 297 

this subject, and of tlieir anxiety to put a stop at any price to sucli atrocities, 
and wlio were actually on the point of procuring the means of carrying out their 
intentions -when those means were protested against by the British legation. 

Who, you ask, is to blame for the present state of affairs and for the wars 
which have been desolating the republic 1 I will tell you in all frankness, M. 
le Miuistre, and you must not be astonished at what I am going to say. 

If, as I suppose, you are Avell acquainted with what has happened since the 
date of our independence, you Avill find that the origin of the evil can be traced 
to circumstances over which neither our race in general, nor this generation in 
particular, had any control. It was no work of theirs ; while, as for what has 
taken place within the last few years, foreign diplomatic agents are in a great 
measure responsible for having recognized and given moral support to a handful 
of rebels who were utterly repudiated by the nation at large. Such, at all 
events, is public opinion. 

In your last letter you still hold to the general but exaggerated notion, that 
many millions of the late church property have been needlessly squandered 
away. My opinion upon this point, M. le Ministre, may be considered worth 
something, for no journalist has advocated more strenuously than I have done 
the necessity of a proper and organized administration of the property in question ; 
yet I am sure that if tlie matter were reduced to figures, and the actual A-alue of 
the clmrch property put on paper, with the positive depreciation that value has 
undergone owing to the civil war; and if, moreover, there be taken into con- 
sideration the sums paid from this source towards the extinction of the national 
debt, the discount at which government has been compelled to transact their 
negotiation in order to realize this property and the surplus which still remains, 
I am sure, I repeat, that the charge of having squandered away millions will 
be found exaggerated. 

I cannot understand why you should qualify as impracticable the arrangement 
which the parties interested in the British convention had entered into with 
government. This, or any other analogous one, would be very feasible upon 
the bases laid down in the decree of the 17th for the guidance of the special 
finance committee. This decree has in no way sacrificed the rights of the public 
debt ; and nothing is asked for either by the government, the congress, or the 
country but the permission to attempt the pacification of the country and carry 
out their administrative reform. They claim but this. 

With respect to what you are pleased to say about the conduct of the chiefs 
of the federal army in having "occupied" certain funds at Laguna Seca, I will 
simply ask you whether you conceive the word "robbery" implies the idea of a 
future indemnity, such as was made voluntarily and at a great sacrifice on this 
occasion, as is proved by the trifling sum which still remains unpaid. 

As for the outrage at the British legation, I must correct a slight error you 
have made in referring to this act. It is not true that the authors of this outrage 
at the time of its commission, were recognized by the representatives of friendly 
powers. 

I thank, you, in conclusion, most sincerely for the kind language you employ,, 
while exhorting me to facilitate the renewal of our relations by the withdrawal 
of the decree of the 17th instant; but it appears to me that the interest you 
profess in the matter would have lost none of its weight, and would have gained 
in dignity, had you accompanied it, by way of incentive, with some proposition 
for an arrangement not iucompatable with the honor of the nation, and less 
unfeasible than the essentially impracticable one you have already made us. 

Hoping that you will have the goodness to consider well the observations I 
now offer, and flattering myself that they may lead to the re-establishment of 
our official intercourse, for the interruption of which there is as yet no motive, I 
beg, &c. 

MANUEL DE ZAMACONA. 



298 THE PEESEXT CONDITION OF MEXICO. 

No. 19. 
Sir C. Wyke to Liord J. Russell. 

Mexico, July 28, 1861. 

]M\ Lord: Since tliis day last month, Avlien I had the honor of writing to 
your lordship, describing the state of affairs in this unfortunate country, matters 
here have only been going from bad to worse, and every day's experience only 
more clearly proves the imbecility and bad faith of a government noAv generally 
detested, and against which various conspiracies are on foot. 

Marquez, at the head of about 4,000 men, still ravages the country, burning 
villages and levying contributions, without mercy, on the unfortunate inhabitants 
of whatever district he passes through, whilst the government troops, under the 
command of General Ortega, go running about the country in the hope of catch- 
ing the rebels, who elude their pursuit aj)parently with the greatest facility. 

On the 28th of last month, Marquez, with a force amounting to nearly 5,000 
men, marched upon Real del Monte, at which place there are some very valua- 
ble mines belonging to a mixed English and Mexican company. Having easily 
overcome the government troops stationed near the place, his people, rushed 
tumultuously into the village, burst open the doors of the houses, which they 
pillaged without mercy, ill-treating the inhabitants, and breaking the prison gates 
in order to liberate more than ninety of the worst criminals in the republic, Avho 
had been condemned to work in the mines. Fortunately no lives were lost, but 
the surgeon of the company. Dr. Griffin, received a sword-cut through the face, 
and the 160 English miners employed in the works were all more or less ill- 
treated, besides being robbed of their property to the amount, in the aggregate, 
of $3,898, a serious loss to these poor men, some of whom were thus ileprived 
of their hard-earned savings to the amount of $200 and $300 each. 3Iarquez 
himself levied a contribution on the company of $80,000, besides occasioning 
them a loss, during the three days he staid there, by the stoppage of works, 
stealing of horses, &c., amounting to the value of $20,000. 

I enclose copy of a letter dated the 16th instant, which I have only just 
received, signed by the director and all the Englishmen employed there, by 
which your lordship will see that these poor people Avrite to ask me what 
guarantee there is for the safety of their lives and property. 

Marqucz has, I hear, since then threatened another visit to the place, for the 
purpose of levying fresh contributions. Other bands, under Mcjia and Velez, 
hold the roads leading to the interior of the republic, and carry out the same 
system of pillage and murder, having recently razed to the ground the town of 
Huichapam, and put to death many of its inhabitants. 

The horrible murder, at Napolcs, of poor Mr. Beale, a British subject, I have 
already mentioned to your lordship in a separate despatch, and 1 need only add, 
that notwithstanding the incessant applications made to this government by both 
myself and her Majesty's consul, the murderers remain still at large, ready to 
destroy the next unprotected foreigner whom they may surprise in an insolated 
place. The fate of this poor man is like that of Staines, Gibson, Duval, Bod- 
mer, and a long list of others, Avhose deaths still remain unatoned for and 
unavenged. 

Sefior Comonfort, ex-president of the republic, has arrived at Monterey, in 
Nuevo Leon, where it is said the governor has made a " pronunciameiito" in 
his favor, wliicli will very likely be joined in by the neighbouring State's, and 
probably aided by a party in this cai>ital, who are thoroughly disgusted with 
the weak and tyrannical government of Senor Juarez. 

Seuor Llave has taken possession of the government of Vera Cruz, and this 



THE PRESENT CONDITION OF MEXICO. 299 

State, it is tliouglit, would immediately separate from tlie tinion in the event of 
a rupture witli foreign powers. 

The general dissolution of all authority in this wretched country has so much 
alarmed foreigners resident here that they are ohliged to look to their own efforts 
to protect their lives and properties, and, with this object in vicAv, are about to 
arm and organize themselves into a compact body for mutual defence. This 
measure has been sanctioned by their several representatives, and consented to 
by the government, on the express condition stipulated for by my colleagues 
and myself — that they were to remain strictly neutral in all the quarrels of the 
nation, and only act against those who actually attacked them. 
I have, &c., 

C. LENNOX WYKE. 



Enclosure in No. 19. 
The Suh-Director and Miners employed at Real del Monte to Sir C. Wyke. 

Real del Monte, July 16, 1861. 

Sir : We, the undersigned, British subjects, residents of Real del Monte and 
Pachuca, take the liberty of addressing you on a most momentous question, in 
a word, to ask you, as her Majesty's representative, what guarantee we have for 
the safety of our lives and property. 

Without referring to antecedents, such as the constant entrance of parties of 
rebels, or anti-government forces, whereby Ave have been kept in a perpetual 
state of alarm and anxiety, we at once beg to call your serious attention, and 
through you that of the English government, to what we suffered lately by the 
inroad of the forces under Marquez. 

Our houses were forcibly entered, our females insulted, our lives threatened, 
and our property robbed to a large extent, to say nothing of the heavy losses 
occasioned to the company, of Avhich we have the honor to form part, in forced 
loans, horses and arms taken, and the complete paralyzatiou of all Avorks for 
days, thereby ; as our interests are so mixed up with the prosperity or otherAvise 
of the said company, such a loss as they have sustained lately must be felt by 
all. 

On former occasions two Englishmen were killed, and on this one was 
wounded, several Avere fired at, beaten, and narrowly escaped Avith their lives, 
and all this without the least provocation or slightest show of resistance on our 
part. 

We have the honor to subjoin a list of most of the property lost by the Eng- 
lish residents here; the original list, Avhich is in the company's office, bears the 
signature of General Cobos, as approved by him. 
We have, &c. 

STEWART J. AULD, Suh-Director. 
RIOHD. SKINFILL, 3Iine Manager. 
G. M. MURRAY, Treasurer. 
WM. R. U. GRIFFIN, Surgeon. 
(Here follow 129 signatures of English miners.) 



300 THE PRESENT CONDITION OF MEXICO. 

No. 20. 
Earl Russell to Sir C. Wt/ke. 

Foreign Office, August 31, 1S61. 

Sir: I have received and laid before tlie Queen your despatclies to tliat of 
tlie 2Sth ultimo, inclusive. 

I have to inform you that your conduct, as stated in your desjDatch of the 
26th ultimo, is approved by her Majesty's government. Further instructions 
■will be sent, and, in the nleantime, you will act on my instructions of the 21st 
of August. 

I am, &c., 

RUSSELL. 



No. 21. 

Earl Cowley to Earl Russell. 

[Extract.] 



Paris, Scptcmher 5, 186J.. 

M. Thouvcnel said that he was so desirous of acting- in complete unison "with 
her Majesty's government in Mexican affairs, that he had determined on furnish- 
ing M. Dubois de Saligny with instructions completely identical -with those 
transmitted by your lordship to Sir Charles Wyke. 

His excellency then requested me to ask yoiu- lordship Avhether it might not 
be advisable to ask the association of the Spanish government in any measures 
which might be taken with regard to Mexico. His excellency observed that 
should a hostile demonstration become necessary, Spain possessed resources at 
the Havana which might be of great assistance to Great Britain and France. 



No. 22. 
Earl Russell to Sir C. IVi/ke. 



Foreign Office, September 10, 1861. 

Sir: With reference to yoiu- despatch of the 11th of July, reporting the mm-- 
der of Mr. Beale, and to your despatch of the 28th of that month, enclosing a 
representation from British miners at Real del Monte, I have to state to you that 
such atrocious outrages upon life and property committed toAvards British sub- 
jects cainiot lie extenuated by any condition of anarchy or civil war which may 
exist in 3Ic;xico, and that her Majesty's government nuist hold the Mexican na- 
tion answerable for such infamous proceedings. 

I am, &c., RUSSELL. 



THE PRESENT CONDITION OF MEXICO. 301 

No. 23. 
Earl Russell to Sir C. WyJce. 

Foreign Office, Septemher 10, 1861. 

Sir: I have received your despatclies of tlie 26tli aud 28tli of July, and I 
have to convey to you the entu-e approval of her Majesty's government of your 
conduct as therein reported. 

The suspension for two years of all payments in discharge of deht, at a time 
when the Mexican government can afford to spend 6,000,000 dollars in six months, 
is a shameless breach of faith, which cannot be in the slightest degree excused 
by the pretences put forward by Sefior Zamacona in its defence. 

Setior Zamacona asserts that the present government of Mexico are actively 
employed in maintaining internal and social order, in reorganizing the adminis- 
tration of the republic, in introducing rigid economy into all the branches of the 
public service, aud in vigorously putting an end to the civil war and restoring 
internal peace to the country. But it is notorious that every one of these asser- 
tions is directly the reverse of the truth. It is well known that life and property 
are nowhere safe, not even in the streets of the capital; that the administration 
is as corrupt and as reckless of any interests but their own personal advantage 
as any that has heretofore governed in Mexico; that great anarchy and disorder 
prevail in all the departments of the government ; and that so far from their hav- 
ing applied the resources of the state to a \-igorous suppression of the civil Avar, 
the opposite party under the adherents of Miramon Avere, by the last accounts, 
in great force Avithin a short distance of the capital, and not unlikely to become 
its masters. 

Her Majesty's goveriuuent, it is needless to say, cannot accept such excuses 
for the Avrongs of Avhich her Majesty's subjects in Mexico haA^e been the victims, 
and therefore, if the proposals contained in my despatches of the 21st ultimo are 
not accepted by the Mexican government, you Avill finally break off relations, 
and put yourself in communication Avith Rear- Admiral Milne, Avho Avill receiA'e 
instructions from the admiralty on this subject, 

I am, &c., RUSSELL. 



No. 24. 
Earl Cowley to Earl Russell. 



Paris, Septeviber 10, 1861. 
My Lord : A communication has been made by the Spanish ambassador to 
this government that orders have been sent to the captain-general at the Havana 
to take possession of Vera Cruz and Tampico for the protection of Spanish 
interests in Mexico. 

The Spanish goA^ernment at the same time professes its desne to act in con- 
cert with Great Britain and France. 

I have, &c., OOAVLEY. 



302 THE PEESEXT COXDITIOX OF MEXICO. 

No. 25. 

Earl Cowley to Earl Russell. 

[Extract.] 

Paris, Septemlcr 17, 1S61. 

I met the Spanisli ambassador at M. Tliouvenel's this morning, who imme- 
diately turned the conversation on the affiiii'S of Mexico, expressing the hope 
that the governments of Great Britain, France, and Spain, -vvoukl concert meas- 
ures for common action in order to obtain the satisfaction due to them from the 
Mexican government. 

I replied to 31. Mon that I had heard from M. Thouvenel that tlie Spanish 
government had the intention of acting alone in this matter, and had already 
given orders for the occupation of Vera Cruz and Tampico ; that having trans- 
mitted this information to her Majesty's government, Sir John Crampton had 
been instructed to make inquiries of the Spanish government, and that Marshal 
O'Donnell had denied that any orders of the kind had been given ; I should be 
glad, therefore, to ascertain how this matter really stood. 

M. Mon replied that I must be aware that the Spanish government had more 
than once meditated the employment of force to obtain the satisfaction due to 
them in 3[exico, but that they had much rather act in concert with Great Britain 
and Franc-e. It would only be in case of the refusal of those two powers to co- 
operate with Spain that she would proceed to act alone. 

I related to M. Thouvenel what had passed between myself and M. Mon, ob- 
seiwing that the Spanish ambassador's language to me did not quite tally with 
what his excellency had stated, the last time I had seen him, had been M. Mou's 
language to himself 

M. Thouvenel answered that he had not intended to convey more to me than 
that orders had been transmitted to the Havana to make every preparation for 
an expedition against Mexico, the Spanish government hoping to employ it iu 
co-operation with British and French ships. M. Thouvenel proceeded to express 
the hope that her Majesty's government would not refuse this co operation, ob- 
serving that 3,000 Spanish infantry could be sent from the Havana. 

I should mention that when the Spanish ambassador urged the joint action of 
the three governments, 1 stated to him the value which her Majesty's govern- 
ment must attach to freedom of religious profession and worship. M. Mon said 
that he considered that questions of that nature ought to be left to the decision 
of the Mexican government. He abjured at the same time, on the part of Spain, 
all desire to impose any particular government on Mexico; all she desired was a 
government chosen by the Mexicans, which Avould make itself respected and 
would scrupulously fulfil engagements taken with foreign powers. 



No. 26. 
*S/;* /. Cra7nj)ton to Earl Russell. 

San Ildefonso, Sejitcmher 13, 1861. 

My Lord : In a late conversation with ^Marshal O'Donnell his excellency 
spoke of tlie present deplorable condition of Mexico. 

Spain, he remarked, had susp(>nded her diplomatic relations with the ^Mexican 
government, and he perceived both France and England had taken the same 
step. But would this be sufficient 1 He thought not. The motives of the 



THE PRESENT CONDITION OF MEXICO. dUo 

three governments in following this course were e-vadently the same, viz : to 
enforce redress for the intolerable Avrongs inflicted upon their respective subjects 
by the anarchical governments Avhich succeeded each other in that distracted 
country. 

It appeared to him, therefore, to be both possible and very desirable that 
England, France, and Spain should come to an understanding as to the adoption 
of some common course in enforcing upon Mexico the observance of her inter- 
national duties. 

" With respect to Spain," the marshal added, " the number of our subjects in 
Mexico is so great, and the interests involved so considerable, that I have no 
hesitation in telling you that we at all events must take decided measures to 
protect them. In short, Ave shall go there, not certainly vnth any view of con- 
quest or exclusive advantage, but for the protection of our rights." 

I observed that I was not at present in possession of the precise a^Icavs of her 
Majesty's government as to Avhat had lately taken place in Mexico, or the rem- 
edies Avhich Avould be applicable to Avhat seemed an almost hopeless state of 
affairs. I Avas, however, aAvare that British subjects had siififered repeated acts 
of oppression and denial of justice in Mexico, and I had seen it reported that 
our diplomatic relations Avith that country had been suspended. I Avould not 
fail, consequently, to acquaint your lordship Avith Avhat has noAv fallen from his 
excellency on this matter. 

On pursuing the subject I did not find Marshal O'Donnell prepared to suggest 
any definite pkn of action on the part of the poAvers Avhose joint intervention 
he recommended. His excellency remarked, hoAvever, that the notion Avhich 
had at different times been put forward of establishing by foreign intervention 
a constitutional monarchy in ]\Icxico Avas, in his opinion, very chimerical, and 
he seemed entirely to concur in the justness of a remark Avhich I made in regard 
to this matter, viz : that any engagement which should bind England, France, 
and Spain to a permanent intervention and tutelage of any sort in the internal 
affairs of a country so situated as Mexico Avould be liable to grave objections. 

I am the more particular in draAving your lordship's attention to this opinion 
of Marshal O'Donnell, because a large portion of the Spanish press has lately 
been advocating an intervention of this sort, and the establishment of a monarchy 
in Mexico, and indulging in Avild speculations as to the recoA'ery by Spain of 
her ancient possessions in America and the " Indies." 
I have, &c., 

JOHN F. CEAMPTON. 



No. 27. 
Si?- J. Cravipton to Earl Russell. 

San Ildefonso, September 16, 1861.. 

My Lord : Upon the receipt of your lordship's telegram of the 14th instant, 
informing me that Lord CoAvley had reported that the Spanish ambassador at 
Paris had announced that the captain-general of Cuba had been ordered to take 
possession of Vera Cruz or Tampico for the protection of Spanish interests in 
Mexico, and that the Spanish government at the same time proposes to act 
in concert Avith England and France, I immediately waited upon Marshal 
O'Donnell and requested him to inform me Avhether this announcement had 
been made. 

His excellency replied that, Avith respect to the desire of Spain to adopt a 
common course Avith France and England for obtaining satisfaction from Mexico 
for the wrongs inflicted upon their respective subjects, both M. Mon and M. 



304 THE PRESENT COXDITION OF MEXICO. 

Isturiz had been instructed in tlie same terms to express tliis desire to the 
French and British governments, and to add that if those governments declined 
to adopt the conrsop roposed, Spain would nevertheless feel it necessary to take, 
singly, such measures as might be necessary to vindicate her rights. As re- 
garded the statement that the captain-general of Cuba had been ordered to take 
possession of Vera Cruz or Tampico, or to undertake any military operations 
against Mexico, it must have originated in a misapprehension, because he could 
assure me that no such orders had been given. 

It was the wish of the Spanish government, the marshal added, to act in con- 
cert with France and England in regard to this matter, and he had desired to 
ascertain the disposition of the two governments to do so pre\dously to deciding 
upon the measures which Avould be necessary to effect the object in view. 

All that the Spanish government had done, therefore, was to take such pre- 
paratory measures as were necessary to place them in a position to act effica- 
ciously when the proper time came. With this view orders had been given to 
reinforce the garrison of Cuba by an addition of 4,000 troops, and to increase 
the naval force of Spain in the West Indies. The amount of the army in Cuba 
would be raised to about 25,000 men, and the naval force (the present amount 
of which his excellency did not mention) would be increased by the presence of 
the four screw frigates in which it was proposed to embark the troops from 
Spain. Two of these frigates were now about to sail ; the remaining two Avould 
be ready at the end of the present month. 

With regard to military operations against Mexico the marshal remarked that 
nothing could be undertaken before the commencement of November. The 
yellow fever prevailed at Vera Cruz and other parts of the coast during the 
present month, and the hurricanes which never failed to take place in the Gulf 
of Mexico during the ecpiinox put any such operations out of the question before 
that period. There would, consequently, be ample time for the Spanish gov- 
ernment to ascertain whether the French aiid English governments were dis- 
posed to act in concert with them, and to take measures for so doing in case 
those governments should agree to adopt that course. 
I have, &;c., 

JOHN F. CRAMPTON. 



No. 28. 
Lord Lyons to Earl Russell. 



Washington, Scpte77ihcr 10, 1861. 

My Loud : Mr. Seward told me this morning that he had authorized the 
United States minister in Mexico to conclude a convention with that republic, 
in virtue of which the United States should assume the obligation to \y^.y three 
per cent, interest on the foreign debt of Mexico during the period for Avhich the 
payment of the interest on this debt is suspended by the recent decree of the 
Mexican government. The lands, minerals, «Scc., of certain provinces of Mexico 
were to be pledged to the United States, as a guarantee that jMexico A\-ould re- 
pay to them, with six per cent, interest, the sum which they would thus ad- 
vance for her. 

The particulars of the scheme were, Mr. Seward said, to be communicated to 
the governments of Great Britain atid France, and the validity of tlie convention 
was to be conditional upon those governments engaging not to take any measures 
against ^lexico to enforce the payment of the interest of the loan until time liad 
been triven to submit the convention to the ratification of the United States 



THE PEESENT CONDITION OF MEXICO. dOO 

Senate at the session wliicli begins in December next. It was also to be a 
condition that if the convention should be ratified by the United States Senate, 
Great Britain and France should engage not to make any demand upon 3Iexico 
for the interest, except upon its failing to be punctually paid by the United 
States. 

The inducement to the United States to take upon themselves the payment 
appeared to be the extreme importance to them of the independence of 3Iexico. 
So far as I could ascertain, the instructions to the American minister with regard 
to. this convention do not direct him to propose an alliance offensive and defen- 
sive between the two republics, nor, indeed, any other stipulations than those I 
have mentioned. 

I have, &c., 

LYONS. 



No. 29. 
Earl Russell to Sir J. Crampton. 

Foreign Office, Se2)tcmher 23, 1861. 

Sir: With reference to the affairs of Mexico, I have to state to you that it is 
most desirable that complications in this question should be avoided. 

Certain rights on the customs of Vera Cruz and Tampico have been secured 
to her Majesty's government by convention. 

To secure these and other rights the government of Mexico has been invited 
to give the control of those customs to British commissioners, who, it is under- 
stood, should also pay to other nations the sums due to them, and secured on the 
same customs. 

No orders have as yet been given by her Majesty's government for the em- 
ployment of force in Mexico, and they would be glad to know if the Spanish 
government will agree to postpone their action till England and France can 
have time to confer as to acting in concert. 
I am, &c., 

RUSSELL. 



No. 30. 
Earl Russell to Earl Coicley. 



Foreign Office, Septemher 23, 186L 

My Lord : The Count de Flahault has communicated to me the substance 
of a despatch from his government on the affairs of Mexico. 

In this despatch M. Thouvenel, referring to the instructions recently given 
by the two powers to their representatives in Mexico, and which, if the demands 
presented therein to be made on the Mexican government are acquiesced in, will 
admit of the resumption of official relations on their part Avitli the government of 
the republic, proceeds to say that it is necessary to provide for the two contin- 
gencies, of a refusal on the part of the Mexican govenmient, or of the overthrow 
of the Juarez government before the English and French ministers receive their 
instructions. 

M. Thouvenel then adverts to the measures of coercion to which, in the first 
case, the two governments might have recourse, and to the importance of coming 
to an early understanding on that point ; and he goes on to say that, even sup- 
H. Ex, Doc. 100 20 



306 THE PEESEXT COXDITIOX OF IVIEXICO. 

posing the second contingency to be realized, the two governments wonld, 
nevertheless, have to devise means for obtaining redress of grievances, and for 
insuring the payments of the debts which have been formally acknowledged. 

M. ThonA'enel is, however, of opinion that the two governments should 
carry their common understanding still further, and devise means for promoting 
the political reorganization of Mexico ; and M. Thouvenel expresses his willing- 
ness to take as a basis the measures formerly suggested by her Majesty's gov- 
ernment, as affording the best means of arriving at the pacification of the coun- 
try, namely, the publication of a general amnesty, and the convocation of an 
extraordinary congress. He expresses his opinion, however, that the cabinet of 
Madrid should be invited to concur in the course to be taken by the two powers, 
and that the cabinet of Washington should also have the opportunity afforded 
to it of joining the other powers. 

Fmally, M. Thouvenel adverts to a communication just made to him by the 
Spanish ambassador of the intended despatch of a Spanish force from the Havana 
to the coast of Mexico, and of the readiness of the court of Madrid to act in con- 
cert with France and England. 

Upon this matter I wish you to observe to M. Thouvenel that the demands of 
Great Britain upon Mexico are founded upon two principles : 

1. The right to require security for the lives, and respect for the property of 
British subjects in Mexico. 

2. The right to exact the fulfilment of obligations contracted towards Great 
Britain by the government of Mexico. 

On these two principles are founded the claims urged by Sir C. Wyke. The 
British government is ready to prosecute these claims by its own means, or to 
join with other powers who have claims foimded on similar principles regarding 
their own subjects. 

Her ]Majesty's government are glad to find b}- M. Thouvenel's despatch that 
the government of his Imperial Majesty takes the same view of this mattei-, and 
her Majesty's government will willingly enter into concert with the government 
of France as to the course to be pursued. Her Majesty's government also fnlly 
concurs with M. Thouvenel in thinking that before any active steps are taken in 
this matter by the European powers, an offer of co-operation ought to be made 
by them to the government of the United States. The interest of the United 
State in the peace and prosperity of Mexico is such that her Majesty's govern- 
ment agree with M. Thouvenel in thinking that full communication should be 
made to the United States government. 

It does not appear that the Spanish government have as yet sent any precise 
orders for the immediate employment of their forces in Mexico. There is, there- 
fore, time for deliberation and concert. 

"With respect to the measures to be taken for the future peace and tranquillity 
of Mexico, her Majesty's government are ready to discuss the subject with 
France, Spain, and the United States. But it is evident that much must de- 
pend on the actual state of affairs at the time when our forces may be ready to 
act on tlie shores of Mexico. The measures suggested some time ago by her 
M'ljesty's government appear to be inapplicable to the present state of affairs. 
I am, &c., 

RUSSELL. 



THE PEESENT CONDITION OF MEXICO. 307 

No. 31. 

M. Isturiz to Earl Russdl. 

[Translation.] 

London, Septemher 23, 1S61. 

My Lord : The despatclies wliicli I have lately received from my government 
announce to me an important fact. 

The injuries which the republic of Mexico seems determined to inflict upon 
us being unceasingly repeated, and all the measures of consideration which 
Spain is always inclined to adopt, so far as honor will permit, having been ex- 
hausted, the government of the Queen my august sovereign has at length resolved 
to obtain by force the reparation that is due to it. 

The despatches of my government also infoi-m me that Sir John Crampton, 
the representative of Great Britain in Madrid, is already .aware of this resolu- 
tion, and of the sentiments which dictate it, so that I might almost dispense with 
communicating it to your excellency. 

However, it has appeared proper to me not to omit it, so that your excellency 
may be fully informed of this aftair through the most direct channel. 

The government of the Queen, my mistress, has therefore made arrangements 
to operate energetically in ]\[exico, and hopes to obtain the satisfoction that it 
claims, although it does not disguise from itself that the result of any demonstra- 
tion of this sort would be more permanent if other governments, those of Eng- 
land and France, for example, having injuries to avenge, should think proper to 
unite their forces to those of Spain. 

A combination of this kind would perhaps avert the repetition of such scan- 
dals, and contribute to the recognition by the Mexicans of the necessity of con- 
stituting a government which would give security at home, and sufficient guar-- 
antees abroad. 

With this object, I have, &c., 

XAVIER E. ISTURIZ. 



No. 32. 

Earl Coxdcy to Earl Russell. 

[Extract.] 

Paris, Septemher 24, 1861. 
I had the honor to receive, this morning, your lordship's despatch of y ester- - 
day's date, giving me the substance of a communication which had been made 
to you by Count de Flahault on the affairs of Mexico, and stating the willing- 
ness of her Majesty's government to concert with the French and other govern- 
ments recognizing the same principles of action as her Majesty's government, 
the course which should be pursued by them in that country. 

M. Thouvenel, on my communicating to him your lordship's despatch, ex- 
pressed his concurrence in the views of her Majesty's government, but he re- 
marked that as your lordship seemed to be of opinion that the measures suggested 
some time ago for the pacification of Mexico were inapplicable to the present 
state of atfairs, he should be glad to receive from you the plan of action which 
you now propose to follow. 

I inquired of M. Thouvenel whether he was in possession of any intelligence, 
either from Washington or from Mr. Dayton, of a proposal made by the United 



308 THE PRESENT CONDITION OF MEXICO. 

States government to that of ^Mexico with regard to the payment of the interest 
on the Mexican foreign debt; and finding that no intelligence on the subject 
had reached his excellency, I stated to him the substance of Lord Lyons's de- 
spatch to yonr lordship of the 10th instant. M. Thoiivenel expressed the opin- 
ion that these proj)osals of the United States must be dealt -with before the 
other governments interested in the Mexican question could settle any plan of 
common action, and he expressed himself very anxious to know the opinion of 
her 3Iajesty's government. It might not be possible, he said, to prevent the 
United States offering money to Mexico, or to prevent Mexico receiving money 
from the United States, but neither England nor France ought in any way to 
recognize the transaction. " 

I said that I ti'usted that, in case of ]Mr. Dayton making any representation 
on this subject, JI. Thouvenel would abstain from all reply until I should be in 
a j)Osition to inform him of the views of her Majesty's government, and his ex- 
cellency promised me to folloAv this course. 



No. 33. 

Earl Russell to Earl Coicley. 

Foreign Office, September 27, 1861. 

My Lord : I received from Mr. Adams on the 25th instant an explanation of 
the proposals the United States wish to make toi Great Britain and France in 
the aftairs of Mexico. 

•He said that the United States government were considerably alarmed at the 
statements made in the newspapers regarding an intervention in Mexico, 
which was supposed to be in the contemplation of Great Britain, France, and 
Spain. 

The United States government were aAvare that Great Britain, France, and 
Spain, as well as the United States, had many grievances to complain of on the 
part of the government of Mexico ; but a direct intervention, with a view to 
organize a new government in Mexico, and especially the active participation of 
Spain in such an enterprise, would excite strong feelings in the United States. 
It would be considered as that kind of direct interference in the internal affiiirs 
of America to which the United States had always been opposed. In fact, 
there was a sort of understanding that so long as European powers did not 
interfere in America, the United States might abstain from European alliances ; 
but if a combination of powers were to organize a government in 3Iexico, the 
United States Avould feel themselves compelled to choose their allies in Europe, 
and take tl)eir part in the wars and treaties of Europe. 

The United States government thought that such a necessity Avould be avoided 
if Great Britain and France would accept the payment of interest by the United 
States of the debt due by Mexico to Great Britain and France; this advance to 
be continued only for a time till Mexico should be able to defray her OAvn obli- 
gations. 

I replied by relating to him, in the first place, what had taken place inJilexieo 
itself. I then stated the overture of M. Thouvenel, including the proposal to 
make oft'ers to the government of the United States to act in co-operation with 
us on this subject. That we had replied we had but two objects in view : 1. 
Security to the persons and property of British subjects. 2. The fulfilment of 
all the obligations of Mexico to her Majesty. Mr. Adams, I continued, woixld 
see that our demaiuls embraced not only the payment of interest on a debt 
which might be settled by naming a fixed sum, be it more or less, but also com- 



THE PRESENT CONDITION OF MEXICO. 309 

preliended satisfaction for the injuries clone to British subjects ; tliat we could 
hardly transfer these obligations to the United States without raising an indefi- 
nite number of questions of detail, upon which Great Britain and Mexico 
would have to appeal to the equity of the United States ; that I thought it the 
interest of our two countries to have as few entangling questions and clashing 
interests as possible. I should be afraid that our friendly relations might be 
endangered if we increased the number of points upon which we might come 
into collision ; that, without giving him a final answer, I could tell him at once 
that I thought the proposition of his government open to very grave objections. 

Without entering further upon its merits, however, I had a counter proposi- 
tion to make, which I thought deserved the serious consideration of his govern- 
ment, to whom I begged it might be submitted. 

I was as apprehensive as he Avas of an attempt to build upon the foundation 
of debts and injuries a claim to organize a new government in Mexico ; that I 
was convinced that, of all countries, Mexico was the one where intervention in 
its internal affairs would bring the most severe disappointment upon its authors ; 
that the factions in that country were too hostile to each other and too sanguinary 
in their tempers to be recognized by a small force of Europeans in the name of 
order and moderation. But might not the evils we both feared be guarded 
against by defining terms of co-operation with Spain Avhich would exclude in- 
terference in the internal affairs of Mexico 1 Would not this be a better course 
than leaving Spain to seek her own vindication and afterwards opposing the 
results of her operations 1 

I read to Mr. Adams part of Sir John Crampton's despatch of the 13th 
instant, to show him that Marshal O'Donnell was by no means desirous of un- 
dertaking the reconqucst of the Indies. 

Mr. Adams promised me that he would conununicate this view to his govern- 
ment. 

Her Majesty's government are of opinion that if any combined operations are 
to be taken against Mexico they should be founded on these two bases : 

1. The combined powers of France, Great Britain, Spain, and the United 
States feel themselves compelled by the lawless and flagitious conduct of the 
authorities of Mexico to seek from those authorities protection for the persons 
and property of their subjects and a fulfilment of the obligations contracted by 
the republic of Mexico towards their governments. 

2. The said combined powers hereby declare that they do not seek any aug- 
mentation of territory, or any special advantage, and that they will not en- 
deavor to interfere in the internal affairs of Mexico or with the free choice of its 
form of government by its people. 

You will read this despatch to M. Thouvenel, and give him a copy of it. 



I am, &c., 



RUSSELL. 



No. 34. 
Ea7-l Russell to Earl Cowley. 

Foreign Office, Sei^tember 27, 1861. 

My Lord: With reference to my preceding despatch of this day's date, I 
transmit herewith, for your excellency's information, copy of a despatch from 
her Majesty's minister at Madrid* vipon the subject of the state of affairs at 
Mexico, and Avhich is alluded to in my above-mentioned despatch. 
I am, &c., 

RUSSELL. 

*No. 26. 



310 THE PRESENT CONDITION OF MEXICO. 



No. 35. 

Earl Russell to Sir J. Crampton. 

Foreign Office, Septemhcr 27, 1861. 

Sir : I enclose a copy of a note wliicli 31r. Istnriz has sent me.* 

Her Majesty's government liave many injuries to complain of in regard to 
Mexico, especially the atrocious robbery committed in the house of her Majesty's 
legation at Mexico, and against which the Spanish minister in Mexico protested 
in vain. 

Her jMajesty's government Avoiild willingly co-operate with those of France 
and Spain in enforcing redress for these wrongs. There are, however, two con- 
ditions which her Majesty's government deem essential : 

The first is, that the co-operation of the United States shovild be imdted. 

The second is, that the combined powers should not interfere by force in the 
internal government of Mexico. 

Her Majesty's government would be happy to see the Mexicans constitute a 
government " Avhich would give security at home and sufficient guarantees 
abroad." But her Majesty's government are persuaded that any attempt to 
effect this desirable purpose by force of anns would fail in its pm-pose. If the 
force were Spanish, one of the contending parties would be fiercely opposed to 
it ; if it were English, the opposite party would be as strongly its antagonist. 
Nor is any other foreign force likely to be received with favor. The Mexicans 
themselves can alone put an end to the anarchy and violence which have torn 
Mexico to pieces during the last years. 

I trust this view is in accordance with the sentiments of the Duke of Tetuan 
and the government of her Catholic Majesty. 
I am, &:c., 

KUSSELL. 



No. 36. 
Harl Russell to M. de Isturiz 



Foreign Office, Septcmher 27, 1861. 

Sir : I have the honor to acknoAAdedge the receipt of your note of the 23d 
instant, acquainting me with the course Avhich your government propose to pur- 
sue Avith a vieAv to obtaining satisfaction for the injuries hiflicted on Spanish 
subjects in ]\[('xico, and pointing out the advantage of concerted action on the 
part of England, France, and Spain, for the purpose of putting an end to the 
present state of affairs in that republic; and I beg leave to assure you, in reply 
that the question shall be duly considered by her Majesty's government. 
I am, &c., 

EUSSELL. 

«No. 31. 



THE PRESENT CONDITION OF MEXICO. 311 

No. 37. 

Earl Russell to Lord Lyons. 

Foreign Office, September 28, 1861. 

My Lord : I transmit to yoiir lordship herewith a copy of a despatch which 
I have addressed to Earl Cowley,* giving his excellency an account of a con- 
versation which I have had with Mr. Adams respecting the proposal of the 
government of the United States in regard to Mexico, referred to in your de- 
spatch of the 10th instant, and I have to instruct your lordship to sjDeak to 
Mr. Seward in the same sense as that in which I spoke to Mr. Adams. 
I am, &c., 

RUSSELL. 



No. 38. 
Larl Russell to Si?- C. Wyke. 

Foreign Office, Sej^tember 28, 1861. 

Sir: I have to state to you, with reference to my despatches of the 21st of 
August and of the 10th of September, that if circumstances shoiild have caused 
you to quit the territory of the Mexican republic, you are at liberty to use your 
own discretion as to the direction in which you shall proceed, keeping, how- 
ever, in the neighborhood of Admiral Milne, and having means of ready com- 
munication Avith him. 

You will, of course, give notice to Rear- Admiral Milne ; but that officer will 
not yet have received the instructions from the admiralty to which I alluded in 
my despatch of the 10th of this month, inasmuch as her ^Majesty's government 
are still in communication with the governments of other powers liaAnng similar 
interests in Mexico to those of this country, as to the course Avhich should be 
pursued under the existing state of things in that republic. 
I am, &c., 

RUSSELL. 



No. 39. 
Sir C. Wyke to Lord J. Russell. 

Mexico, August 8, 1861. 

My Lord : 1\\ the postscript of my despatch of the 26th ultimo I stated 
that I should merely acknowledge receipt of the private note I had just received 
from Seiior Zamacona, but on reflection I thought it better not to leave unan- 
swered the false and incorrect statements it contained, and I therefore replied 
to him on the 30tli ultimo, copy of which note I have now the honor to enclose 
for your lordship's information. 
I have, &c., 

C. LENNOX WYKE. 

»No. 33. 



312 THE PKESENT CONDITION OF MEXICO. 

Euclosure in No. 39. 

Sh- C. JVyke to Senor Zamacona. 

[Extract ] 

Mexico, JuJij 30, 1861. 

I cau really see no good reason for continuing a correspondence wliicli cannot 
in any way alter, as you seem to suppose it may do, the resolution I hare 
adopted to suspend all official relations y\A\\\ your government; yet, out of 
courtesy to one so "vvell entitled to it as yourself, I will not leaA'e unanswered 
your note of tlie 27th, Avith the premise, however, that having fulfilled this 
duty, all further communications relative to this matter must cease. 

It is remarkable that, mutually desirous as we are of stating the truth, we 
should each feel the greatest astonishment at the other's entertaining so diamet- 
rically opposite an opinion upon a suhject which, on being calmly considered, 
can only be looked at in one point of view. 

If you feel surprise that I should have demanded the repeal of the decree of 
the 17th instant, how much greater must mine have been on finding that your 
government had dared to issue it without consulting with me as the representative 
of that poAver Avhich Avas the other contracting party to a convention Avhich said 
decree shamefully Adolated. 

I cannot appreciate the false pride which, according to what you state, was 
the principal reason for not complying Avith Avhat 1 demanded; for AA^hen either 
a nation or an indiAndual is in the wrong, it is not dishonorable to confess it, 
and to offer reparation for the offence given. Had your goA'eniment Avithdrawu 
the deci'ee, they AA-ould not have been disgraced by giA'ing Avay, as you assert, 
to the dictation of foreign diplomacy, but they Avould simply have retrie\'ed a 
false step, and, in doing so, relieved themseh'es from an amount of responsibility 
of which at present they seem to have no idea. 

In order to sustain your argument you make a number of quotations from 
various authors Avho haA'e Avritten on international law ; but apart from the fact 
that such quotations are A^alueless without their context, there is one amongst 
them that directly condemns a measure AAdiich you have ahvays said AA^as meant 
to relieve the State from its pecuniary difficulties. De Martens, you say, states 
that the party violating an engagement is liable to indemnify the other party 
AA'here such breach of contract has been caused by the offender's tault. 

XoAv, the gOA-ernment of President Juarez on coming to poAver Avas possessed 
of ample means to liquidate all the engagements binding on the republic, but by 
their Avilful recklessness and Avant of common prudence they dissipated their 
resources, and then fell into the difficulties from Avhich they are noAV vainly en- 
deavoring to extricate themselves by repudiating their obligations ; they there- 
fore clearly become liable to indemnify Great Britain, and thus, as I have all 
along told you, you aggravate instead of mitigate the evil of your poverty by 
the decree of the 17th. 

You go on to say that many of your misfortunes have been occasioned by 
diplomatic agents here liaAing acknoAvledged a government AAdiich you dislike ; 
and, in reply, I can only once more observe that such agents Avere obliged, on 
the principle noAv universally recognized, to acknoAvledge a real hcma fide de facto 
government holding the capital and the arcluA'es of the nation. 

As for your remarks about church property, let me remind you that it is diffi- 
cult to overcome the inexorable logic of facts by a fcAV Avell-turned jihrases ; Ave 
all knoAv Avhat that property Avns, and Ave are now equally Avell aAvare that your 
government is in a state of penury, and Avith rcsjiect to the means projjoscd for 
paying tlie English claimants, I thought I had already told you that they had 



THE PRESENT CONDITION OF MEXICO. 313 

been condemned, on reflection, by the parties tbemselves, and not through any 
obstacle tliat I had thrown in the way. 

In the matter of the Laguna Seca "conducta," I repeat that I am justified in 
calKng- robbery the act of taking by force that which belongs to another and 
not returning it ; promises and fair words go for nothing in such a case as this ; 
and I also beg again to assert that the government which committed the legation 
outrage was a de facto government recognized by the agents of Eui'opean poAvers 
resident here. 

Under these circumstances, and with the greatest desire to meet your wishes, 
allow me here to observe that I can really find nothing in your note but what 
confirms me still more in a resolution forced on me by the obstinacy of your 
government, and which my duty likewise absolutely compelled me to adopt. 

If you had studied the history of the Mexican debt to the English bond- 
holders with the attention that it really deserves, you would have learnt that 
the latter have in reality sacrificed, in order to relieve the republic at various 
times, the enormous sum of upwards of $59,000,000. The last great concession 
made was in 1850, Avhen the interest was reduced from five to three per cent., a 
transaction which your own financial agent, Senor Payno, boasts of in his state- 
ment of 1852 as having benefited the republic to the amount of $25,581,570. 

You have further thought fit to attack the nature of the British convention, 
and I must therefore remind you that it was founded entirely on British claims, 
the justice of which the Mexican government acknowledged in signing that act, 
and that if a great many of the bonds are now held by Mexicans instead of 
Englishmen, it has so come about in the natural course of money transactions 
on 'change, where bonds and shares pass from hand to hand according to the 
wants of buyers and sellers. 

With regard to what you say in reply to my complaint of so many English- 
men having been butchered with impunity by your countrymen, it is no satis- 
faction to me to learn as a set-oft' that some Mexicans have also been murdered 
by their fellow-citizens without the crime having been punished. 

These crimes, and the senseless wars carried on here since the declaration of 
your independence, are to be attributed to the bad passions of a vitiated popu- 
lation, which alone can be held responsible for a state of things unparalleled in 
the annals of the civilized world. 

I cannot, in justice to myself, conclude this letter without telling you frankly 
that I consider the mere fact of my havmg under existing circumstances ex- 
pressed an interest in the solution of the present question, ought to have saved 
me from the reproof of having proposed to your government what was incom- 
patible both with my own and their dignity; and excuse me for adding that 
such a proposition as I have made to you does not necessarily become undig-ni- 
fied and impracticable simply because you, an interested person, are pleased to 
say so. 



Xo. 40. 

S>ir C. WyJce to Lord J. Russell. 

[Extract.] 



Mexico, August 12, 1861. 
In my despatch of the 27th of May last I pointed out to your lordship the 
nature of the terms accepted by Mr. Mathew on his recognition of the Juarez 
government, for the repayment of the $660,000 robbed from the British legation 
in the month of November last, by which that government promised to reimburse 
the money so stolen, by confiscating for that purpose the private property of all 
those persons found guilty, by a legal sentence, of participating in that outrage. 



314 THE PEESEXT COXDITIOX OF MEXICO. 

The enclosed extract from Saturday's "Estafette" gives an account of tlie 
sentence wliicli has been passed on three of the persons implicated, viz: Don 
Isidro Diaz, Francisco Montero, and Teofilo ]\Iarin, the first of Avhom "was min- 
ister of justice and legal adviser to General Miramon. 

The ivretched quibble by which the accused are declared innocent of robbery, 
while found guilty of "occupying" funds belonging to the English bondholders, 
is quite in character with all that is now occurring here, and proves the utter 
degradation of a government whose judges even make use of a slang phrase, 
such as "ocupacion" has become, in order not to employ the word properly 
qualifying a crune Avhich, instead of pimishiug, they seek to palliate by such 
unworthy means. 

This sentence Avill, of course, have the effect of absolving Marquez and all 
others implicated in the robbery, as it frees them from the danger of criminal 
prosecution for Avhat is now designated as merely a civil misdemeanor, the only 
punishment for which is dismissal from ofl&ces long ago forfeited by all the parties 
engaged in this affair. 

As far as we are concerned, therefore, in our relations with the Mexican gov- 
ernment the case stands thus: 

They deny their responsibility for any acts of their predecessors, whose pri- 
vate property they say should be confiscated to repay the money stolen ; and 
when measures are apparently taken for that purpose, the judge Avho tries the 
case declares that the accused are only guilty of a misdemeanor, and, therefore, 
that then- property is safe from confiscation for so trifling an offence, for which 
they can only be proceeded against by ci^^il process, as for the recovery of a 
debt, which under the cu'crmistances would be an absurdity. We thus neither 
obtain justice nor compensation, unless her Majesty's government are detennined 
to obtain both, by employing the only means likely to succeed with a govern- 
ment so utterly unprincipled as this. 



Enclosure in Xo. 40. 
Extract from the ''Estafette' of August 10, 1861. 

Les Proces Politiqtjes. — Le juge de district a rendu sa sentence dans le 
proces intente a MM. Isidro Diaz, Francisco Montero, et Teofilo Marin. L'ac- 
quittement a ete prononce sur le chef de vol des fonds de la convention Anglaisc. 

Les considerans sur lesquels s'appuie cette decision judiciaire mcritent d'etre 
connus ; aussi reproduisons nous ici le texte de la sentence : 

" Juzgado de district de Mexico. — En la ville de Mexico, le 3 Aout, 1861, Ic 
citoyen Licencici Jesus Maria de Hcrrera, dcuxieme Suppleant de Juzgado de 
district de la capitale de la republiquc : vu les pieces du proces intente a MM. 
Francisco Montero, Isidro Diaz, et Teofilo !Marin, ponr vol des fonds de la con- 
vention Anglaise (tels sont les termes contenus dans I'acte d'accusation) commis 
le 17 Novembre, 1860, dans la maison situec Rue de Capuchinas et portant le 
No. 11, a declare : 

"Considerant que la saisie ('ocupacion') de fonds publics ou particulicrs 
executee par des individus qui sont en etat de rebellion contre le gouvernement 
legitime, ou, en d'autres termes, que le fait de s'emparer par la violence de valeurs 
appartenant a. des paiticuliers ou a des corporations, aux etats ou au tresor public 
de la federation, constitue un cas expresschnent priivu par les lois du pays, et 
notamment par la loi du 22 Fevrier, 1832, declaree en pleine vigueur par I'Ar- 
ticlc 58 de la loi du 6 Decembre, 1856, prescrivant les peines eucourues pour 
delits contre la nation, contre I'ordre et la paix publique; 



THE PEESENT CONDITION OF MEXICO. 315 

" Considdrant que ces faits entrainent pour leurs auteurs et les complices de 
ces derniers, non la responsabilite criminelle, mais line rei?poiisabilittt purement 
civile, ('responsabilidad piiramente civil,') attendii que la susdite loi de Fevrier, 
1832, se, borne a les declarer responsables solidairemeut dans leurs biens propres 
('responsables de mancomun in solidum con sus bienes propios,') sans autre peine 
que le perte des lionneurs et des emplois dont, au moment de consommer la saisie 
('ocupaciones') jouissaient les individus en revolte contre le g-ouvernement ; 

" Considerant qu'en raison de ce qui precede, il existe une difference substan- 
tielle entre les saisies ('ocupaciones') de f'onds publics ou particuliers opiirees par 
les agents de la rebellion dans le but de favoriser et soutenir celle-ci, et les vols 
commis par des individus n'ayant pas ce caractere et n'ayant d'autre but que de 
tirer un avantage personnel de Targent dont ils s'emparent; attendu que le pre- 
mier cas constitue simplement un delit politique qui aux yeux de la loi n'a d'autre 
consequence que la responsabilite purement civile ('rcspoiisabilidad ]">uramente 
civil,') tandis que le second constitue un delit de I'ordre commun qualifie de vol 
et dont les auteurs et leurs complices sont designes sous le nom de voleurs 
('ladrones') et moritent les peiues qui resultent non seulement de la responsabilite 
civile mais des delits criminels ; 

" Considerant comme etant comprise dans la premiere categoric la saisie des 
fonds destines au paiement des creanciers Anglais, executee par ordre des cliefs 
rebelles Miramon et Marquez, le 17 Novembre, 1860, dans la maison portant le 
No. 11 de la Rue de Capucbinas de cette ville, attendu que ce fait a tous les 
caracteres definis par la loi du 22 Fevrier, 1832 ; 

" Considerant que, en raison de ce qui precede, les auteurs et complices de la 
saisie doivent etre consideres simplement comme passibles de la responsabilite 
civile ('responsabilidad civil') pour le scul fait de la saisie, dans les termes in- 
diques par la susdite loi, attendu que la responsabilite criminelle ne resulte qiie 
des delits de I'ordre commun qui out pu se commettre a I'occasion de la saisie, 
soit qu'ils consistent dans la violence cxercee contre les personnes en les mal- 
traitant, en les blessant, ou en leur donnant la mort, soit qu'ils se rapporteut aux 
cboses, en for^ant los serrures, en brisant les coffres ou en violant les scelles 
destines a proteger les valours saisies ; 

" Considerant qu'il resulte, soit du proces- verbal inscrit aux feuillets 7, 8, 9, 
et 10 du dossier principal, et dresse par ' I'escribano Negreiros ' sur les faits qui 
se passerent lors de I'occupation des fonds des creanciers Anglais, le 17 Novem- 
bre, 1860, soit des declarations fournies par MM. Antonio Barreda et Ricardo 
Ituarte, enregistrees aux feuillets 4 et 12 du dossier des preuves, ainsi que de 
celles fournies par MM. Ignacio de la Barrera et Juan Ramirez, feuillets 7 et 9 
verso du dit dossier ; que M. Francisco Montero n'est pas intervenu, et meme 
n'etait pas present lorsque, pendant I'accomplissement de la saisie (' ocupacion ') 
les delits dont il est question ont pu se commetti'e, attendu que, bien que sa 
signature figm-e au proce s-verbal, le notaire ne fait pas figurer son nom parmi 
ceux des personnes qui ont ete temoins des faits expressement enonces dans le 
corps de ce document ; d'autre part qu'il faut donner a cette iiisertion la valeur 
attribute aux declarations de MM. Andres Maria Peza, Luis Carrion, et Angel 
Bunenabad, iuscrites aux feuillets 5 verso, 6 recto, 8 recto et verso, et 11 recto 
et verso du susdit dossier des preuves, c'est-a-dire, que le fait s'est borne a 
recevoir la somme saisie, et que M. Francisco Montero n'a pas ete present a 
raccomplissemeut des faits, attendu qu'il est prouve qu'il se presenta au lieu de 
la saisie apres que les fonds avaient ete enleves et transportes dans la cour de 
la maison portant le numero 11 ; 

" Considerant que ce simple fait ne rend pas M. Francisco Montero responsa- 
ble des actes plus ou moins criminels qui ont pu s'accomplir avant et pendant 
la saisie (' ocupacion ') dans I'enceinte des pieces ou se trouvaient deposees les 
fonds de la convention Anglais, et qu'il constitue I'exercice d'une des attribu- 
tions uatm-elles de son emploi de commissaire de I'armee reactionnaire, ce qui 



316 THE PEESEXT COXDITION OF MEXICO, 

constitue la responsabilite politique qui incombe, d'apres la constitution et les 
lois en vigueur, a tous ceux qui servent les gouvernemeuts ('manes de la r(;bellion ; 

" Considcraut que cette derniere responsabilite raeme ne pese pas sur le susdit 
Don Francisco Montero, attendu que les circulaires publiees par le gouvernement 
national les 8 Mars ct 30 Avril de la presente aunee bornent Tactiou de la justice 
aux cbefs (' cabecillas ') de rebellion et a ceux qui en qualite de ministres d'etat 
ont servi les administrations illegitimes de Miramon et de Zuloaga, et que les 
cii'culaires amuistient (' amnistiando ') tous les autres employes d'un ordre 
secondaire, au nombre desquels doit etre place le commissaire gjneral de I'armee 
(* comisario general del ejercito ') ; 

" Considerant qui s'il est vrai qu'il pent resulter contre M. Francisco Montero 
un motif plus grave de responsabilite dii fait de sa presence dans la maison oii 
les fonds ont ete saisis, par cela seul qu'il les a regus (circonstance ideinement 
prouvee dans le proces,) il n'en est pas de meme en ce qiii concerne M. Isidro 
Diaz et M. Teoiilo Marin, auxquels, bien qu'il n'existe contre eux aucune preuve 
relativeraent a la saisie des fonds de la convention Anglaise, le juge cliargti de 
I'instruction de la cause a attribue une responsabilite de simple probabilite 
('mera probabilidad '), suppleant par le fait de la presomption (' conciencia de 
hombre ') a I'absence de preuves legales et autlientiques ; 

" Considerant eufin qu'il est impropre (' impropia ') et contraire aux termes 
expres de la loi du 22 Fevrier, 1832, de qualifier de vol par bande (' robo en 
cuadrilla '), comme il a ete fait dans I'acte d'accusation, la saisie des fonds des- 
tines au paiement des creanciers Anglais, attendu les faits enonces dans les 
premiers motifs; d'oii il resulte que la loi du 5 Janvier, 1857, relative au juge- 
ment des voleurs, des homicides, des auteurs de voies de fait et des vagabonds 
(' ladrones, homicidas, liei-idores j vagos ') ne pouvait pas servir de guide dans 
I'instruction du proces et dans la decision, vu qu'elle ne traite pas de delits 
communs (' responsabilidades comunes ') qui sont du ressort de la justice ordi- 
naii-e, mais de delits politiques et civils (' politicos y civiles '), lesquels sont 
exclusivement du ressort des tribunaux de la federation, aux tennes des lois 
speciales du 22 Fevrier, 1832, et du 6 Decembre, 1856; 

"II devait absoudre et il a absent en ce qui concerne cette accusation, con- 
fomiement aux dispositions de la susdite loi du 22 Fevrier, 1832, MM. Francisco 
Montero, Isidro Diaz et Teoiilo Marin, et il devait declarer ct a declare le 
premier passible de la peine prescrite par la dite loi en ce qui concerne les 
emplois et charges honorifiques dont il pouvait jouir au moment de la saisie 
(' ocupacion ') des fonds de la convention Anglaise ; et ce sans prejudice du 
droit des tiers et notamment de c€ux du tresor public dont le representant legal 
sera fonde a proceder judiciairement. 

" Cette sentence sera commuuiquue au Promoteur F'scal, aux accuses et a 
leurs diifenseurs ; apres quoi elle sera portee devant le tribunal supdrieur, pour 
etre approuvee, moditiee, on revoquee, scion la justice. Ainsi par les prescntcs 
il a etc juge deiinitivcment, rendu sentence, ordonne et signe. 

"En foi de qiwi j'ai signe. 

"Lie. JESUS MARIA DE HERRERA. 
"A. GILBERTO MORENO, Secretaire." 



No. 41. 
Sir a W>/kc to Lord J. Russell 

Mexico, August 23, 1861. 

!Mv Lord : On the 14th instant General Ortega returned to this capital -with 
the division under his command, amounting to between 3,000 and 4,000 men. 



THE PRESENT CONDITION OF MEXICO. 317 

after having liad two clays' previously a niglit skii'misli at Jalatlaco witli tlie 
forces of General Marquez, wlio retreated, leaving some guns and about eighty 
prisoners in the hands of the enemy. 

Ortega, who was heartily tired of the campaign, and anxious to return to this 
city with a view of intriguing against Juarez and getting himself elected presi- 
dent, magnified this affair into an important victory, and declared that the re- 
actionary forces were annihilated and the rebellion put down. So far from this 
being the case, however, we have since learnt that Marcjuez is still at the head 
of 4,000 men, and that Megia, another chief of the same faction, has nearly 
3,000 cavaliy and infantry under his orders. These forces are in the centre of 
the country,' and interrupt all direct communication between this place and the 
interior of the republic. The partisans of Ortega were noisy in their joyful 
demonstrations in honor of this so-called victory, and paraded the streets at 
night Avith music and a torchlight procession. At about 10 o'clock a large party 
of them drew up in front of the French legation, where they remained about 
twenty minutes, shouting " Death to the French minister and death to all 
Frenchmen ! " 

In the course of the same evening a shot was fired at M. de Saligny, the 
French minister, whilst he was walking up and doAvn an interior corridor of his 
house. The ball struck and flattened against a pillar near Avhich he was passing, 
fortunately without injuring him, as the fragment of detached stone hit him on 
the right arm. 

On his colleagues being made acquainted with this infamous attempt on his 
life, a meeting of the corps diplomatique Avas held at 3Ir. Corwin's, the American 
minister, for the purpose of addressing the gOA-erument collectively, not only 
Avith reference to this attack on one of the members of their body, Imt also to 
remonstrate against the demonstration before the French legation haAing been 
alloAved to take place Avithout any interference whateA'er on the part of the 
police. 

I liaA'c the honor to enclose herewith copies of the correspondence Avhicli took 
place betAveen the corps diplomatique and this government, A\hich, as usual in 
all cases of outrage, has hitherto led to no result AvhateAer beyond specious 
promises of redress. 

Since this event General Ortega has been SAvorn in as head of the supreme 
court of justice, Avhich gives him the legal right of succession to the presidency 
in the event of anything happening to Juarez, who, by his utter incapacity, has 
proved himself so unworthy of the post he uoav holds. A meeting of the con- 
gress has been summoned for the 30th instant, when it is supposed an effort Avill 
be made to get rid of him, and elect General Ortega in his stead. 
I haA'e, (fee., 

C. LENNOX WYKE. 



Enclosure 1 in No. 41. 



The representatives of the United States, Belgium, Ecuador, and Prussia, to 

Senor Zamacona. 

Mexico, 7e 16 .4o2/i, 1861. 
M. LE MiNiSTRE : L'envoye extraordinaire de France Adent de nous informer 
que le 14 de ce mois a 10 heures du soir, une bande d'une vingtaiue de musiciens, 
accompagnee d'un attroupement populaire, dans lequel se trouvaient pltisieurs 
soldats en uniforme, s'est arretee devant la porte de la legation de France, en 
poussant les cris de " Mueran los Franceses ! " " Muera el ministro de Francia! " 



318 THE PEESEXT CONDITION OF MEXICO. 

cris qui out dure dix a quiuze minutes, sans que la police se soit presentee poui 
faii'e cesser ce desordre et cet outrage public. 

En portant ce fait a la connaissance de votrc excellence, nous devons insister 
sur la necessitc q'une enquete, severe sin* la punition des coupables, et surtout 
celles des agents de police, qui n'ont rien ftiit pour reprimer un pariel exces. 

Nous devons aussi signaler a votre excellence un aiitre fait qui, san avoir le 
meme caracttre de puLlicite, est plus grave encore et aurait pu avoir des conse- 
quences funestes. Deux heures avant rattroupement susmentionnee, un coup 
de feu a ete tire siu- la persomie du ministre de France pendant qu'il se prome- 
uait seul dans la gallerie interieure de son liotel. 

Nous esperons que cette nouvelle tentative d'assassinat mettra enfin un terme 
a I'insouciauce avec laquelle le gouvernement a paru tolerer jusqu'ici les assas- 
siuats d'etrangers, qui se repetent presque journellement sans que les autoritees 
prenncnt les mesures suffisantes pour leur repression. 
Agreez, &c., 

THOMAS CORWIN. 
E. DE WAGNER. 
FRACO. DE EN PASTOR. 
AUGT. KINT ROODENBECK. 



Euclcsure 2 in No. 41. 

Scnor 'Zamacona to M. de Wagner. 

[Translation.] 

Government House, 

Mexico, August 17, 1861. 

Tlie undersigned receives at this moment, wliicli is 4 in tlie evening, the 
note which the minister of the United States, in conjunction with the represen- 
tatives of Prussia, Belgium, and Ecuador, has been pleased to address to him, 
in which he denounces to him the hostile demonstration which, he says, took 
place at the door of the French legation, and the attempt at assassination 
of which he declares the French minister to have been the object a little while 
before. 

Notwithstanding all the gravity of those acts, and the publicity which is at- 
tributed to one of them, the collective note to which this is a reply has been the 
first information relative to this mattQi' received by the undersigned, who cer- 
tainly deplores profoundly, that in treating of events of such gravity the French 
minister should not have employed a more expeditious manner of informing the 
government, and thus have enabled it to investigate immediately into the real 
state of the case, and punish the guilty if it appeared that there were any. The 
information has been given to the government after three days, and in a note 
drawn up apparently since yesterday. 

In order to repair this delay, the undersigned has immediately transmitted 
the note which he answers to the minirr^try of justice, in order that a serious ju- 
dicial investigation may be made concerning the facts which are denounced to 
him. The judge to whom this is intrusted will doubtless share the interest 
felt by the president for the investigation of the trutli of Avhat has taken place, 
and it is to be hoped that the result of this measure will not give occasion for 
the inqiutation to be repeated to the government, that it is indifferent to the per- 
sonal security of foreignei'S. 

And with reference to this offensive imputation, the uiulersigncd, on seeing it 



THE PRESENT CONDITION OF MEXICO. 319 

stated in ttc note which he answers, has experienced two most bitter impressions : 
one that is natin-al to whoever feels himself the object of an unjust reproach, 
and the other that which is felt in seeing persons generally benevolent and dis- 
creet serve as a medium for accusations which perhaps have their origin in ill- 
will and hasty judgments. It cannot have escaped the perspicacity of Baron 
de Wagner what superhuman efforts the Mexican government has made, and is 
making, for the re-establishment of peace and order, with which will come the 
remedy for all the evils experienced at the present time, not only by the for- 
eigners resident in the republic, but also by the Mexicans. But the guardian 
spirit of the government is most evident with reference to the former, and in 
proof thereof could be cited the measures that it has taken in consequence of 
the attack xipon Captain Aldham, of the English navy, alld of the assassination 
of Mr. Bcale; measures which, on account of the suspension of relations with 
the representative of Great Britain, have not been able to be communicated to 
him. 

In answering with this statement the aforesaid collective note of the diplo- 
matic corps, the undersigned, &c,, 

MANUEL MA. DE ZAMACONA. 



Enclosure 3 in No. 41. 
31. de IVagne?- to Sefior Zamacona. 

Mexico, ce 21, Aout, 1861. 

Le soussigne, ministre resident de Prusse, a eu I'honneur de recevoii* I'office 
de son excellence M. de Zamacona du 17, rclatif aux attentats commis a la le- 
gation de France. 

Le soussigne s'est empresse de s'associer a la domarche collective du 16 de 
ce mois, esperant qu'elle ofifrirait au gouvernement Mexicain I'occasion de re- 
prouver hautement ces odieixx attentats, et d'en poursuivre les auteurs, L'opin- 
ion que le soussigne et les autrcs mcmbres du corps diplomatique ont enoncee 
sur I'attitude du gouvernement Mexicain a I'egard des nombreux assassinats qui 
se commettent, est bassee sur des faits comme ceux qui se trouvent consignes 
sur la feuille ci-jointe. Cette opinion, qui est tres general, se maintiendra tant 
qu'on se borne a ordonner seulement des enquetes sans que les malfaiteiirs 
soient, en eflfet, poursuivis, attrapes, et punis. 

Le soussigne ignore si les crimes enumeres dans I'annexe ont regu leur chati- 
ment. Si les lois et les juges ne sont pas assez severes, les facultes extraordi- 
naires du gouvernement doivent y suppleer ; car si les assassins, les malfaiteurs, 
et les voleurs de toute espece restent impimis, les consequences seront aussi fu- 
nestes poiu* les victimes que pour la republique. 
Le soussigne, &c., 

E. DE WAGNER. 



Enclosure 4 in No. 41. 

Statement of outrages covimitted upon foreigners in Mexico. 

Assassinat du vice-consul d'Angleterre, Bodmer, a Tasco. 
Do. du Sieur Richard Rule a Pachuca. 
Do. du Dr. Gibson pres d'Acapulco. 
Do. du Sieur Stephen Bennett a Pachuca. 
Do. du Sieur Beale a Napoles. 
Do. de Madame Chaurier entre Pachuca et Mexico. 



320 THE PEESEXT CONDITION OF MEXICO. 

Attentat avec blessiires mortelles contre le Oapitaiue Aldliam. 

Do. du Sieur Rojas contre le Cousul AUsopp a Tepic. 

Do. centre M. Lettsom, charge d'affaires d'Angleterre, pre? de Tacubaya. 

Do. contre M. Burnaud a. Cuajhnalpa. 
Les auteiires de ces attentats n'ont pas lite punis. 

Attentat avec blessnres mortelles commis dans la rue de San Juan de Letran, 
sur ]M. Charles Wagner, attache a la legation de Prnsse. 

Attentat contre M3I. Brecker, pure, ills, et neveu, au moulin de Belen, pres 
de Tacubaya, vols et depredations. 

Attentat et vol commis sur Guillaume Hulvershoni dans la rue de Capuchinas 
par trois voleurs a cheVal. 

Attentat et enlevement du Sieur Heidlmann pres de Cuemavaca. 

Attaque de la diligence et vol du ministre de Prusse pres d'Ayotla et du 
Pefiou. 

Attaque nocturne contrg le brassenr Striittmayer pres d'Alameda. 

On ignore le resultat des enquiites, et si les malfaiteurs on ete punis. 

Attentats commis contre des Francais en 1S61. 

Louis Gaudry, marcliand tailleur a Mexico, riie San Francisco, fut assailli par 
plusieurs bandits devant la porte de son habitation, et blesse d'un coup de 
poignard, le Janvier, 1861. 

Prancois Barateigt, cordonnier a Mexico, fut assailli a 7 heures du soir dans 
la rue de la Providence par six hommes. II fut blesse d'un coup de poignard, 
puis depouille meme d'uue partie de ses vetements, 21 Janvier. 

Louis Majerus, petit marchand, alors etabli a Tacubaya. Ayant en affaire 
a Puebla dans la tin de Janvier, il y fut assassine et d(''pouille dans la rue le 
second jour de son arrivee dans cette ville. La police I'ayant ramasse baigue 
dans son sang, il supplia les agents de le transporter a sou logement, oii il so 
serait fait soigner. La loi, lui repondit-on, exigeat qu'il allat en prison pour etre in- 
terro"'('! et de la a, I'hopital. Tundis que le pauvre blcssii etait ainsi traine comme 
piece de conviction d'un crime demeure impuni, la chambre d'auberge dans la- 
quelle il avait laisse ses bagages fut completement dtivalisee, et il a tallu que 
ses amis de Puebla lui fournisseut du liuge, des habits, et de I'argeut pour se 
rendre a son domicile. 

Ajoutons qxie le juge qui fut charge de I'iustruction de cette affaire s'est cou- 
stamment refuse a remettre a Majerus, ni au vice-consul de France, aucuu docu- 
ment constatant les fiits, notoires a Puebla. 

En Fevrier les Sieurs Augustin Ooffe et Alexandre Bordemann fureut mal- 
traites, blesses et injustement emprisonnes par les autorites de ^linatillon. Ces 
sevices dure rent jusqu'au 22 Avril, qu'un batimcnt de guerre vint les prendre 
pour les mener a Vera Cruz. 

PieiTe Maurel, hotelier a Rio Frio, puis au Palmas, sur la route de Puebla, a 
ete deux fois pille, puis enleve par des brigands, en Janvier et Avril. 

Pierre Lenient, assassine le 11 Mars a Pinar, entre Puebla et Perote, au lieu 
oii deux jours auparavant avait ete tue 3Ir. Yorke. 

Louis Mathieu Bonhomme, proprietaire rural, fut assassine a Yelmonte, sur la 
route de Durango, a dix-huit lieues de cette ville, le 3 Avril. 

Alexis ]^Iaurice, conducteur de charriots, a ete enleve, maltraite, et plusieurs 
fois mis a ran^on par des brigands en Avril, Juin, et Juillet. 

Lucien Fix, administrateur d'une hacienda de M. de la Torre, dans le terri- 
toire d'lturbide, enleve le IS Avril par des brigands, et relache moyenuant 
rauQon aprus des jours de souffr;inccs. 

INIadame EugOiiie Maisou, assassine pres Cordova le 12 Mars et decedde le 
21 Avril. 



THE PRESENT CONDITION OF MEXICO. . 321 

Pierre Lacoste, commerQant, assassine a Rosas, sur la route de Queretaro a 
Mexico, a dix-liuit lieues de la capitale, le 9 Mai. 

Auguste Firmin Davesne, maitre meunier, assassine le 18 Mai, dans le moulin 
du Battant a trois lieues de Mexico. Les assassins, qui furent meme reconnus 
et designes a la justice, se promenent trauquillement dans le pays, et j gaspil- 
lent en paix le produit du crime, car ils out du se partager 5,000 a 6,000 piastres. 

Benjamin Jaffre, contre-maitre au moulin du Battant, assailli par les brigands 
qui voulurent tuer Davesne ; il fut blesse a la tete de plusieurs coups de crosse 
et laisse sans connaissance le 18 Mai. Aujourd'liui gueri de ses blessures. 

Jean Baptiste Delaporte, assassine a OtumbUla, a huit lieues de Mexicc, le 
2 Aout. Les assassins, qui sont parfaitement connus et tous voleurs de profes- 
sion, n'ont point dte inquietes jusqu'ici. 

Louis Gruerrier, jeime artisan demeurant a Mexico, fut enleve dans le village 
de San Antonio, le 26 Juiu. Apres avoir ete grievement blesse par les brigands 
armes qui I'avaient trouve sur la route, et les avoir peniblement suivis pendant 
une journee et une nuit, il a pu s'ecliapper et rejoindre sa famille. 

Jean Caire, proprietaire rural, a ete enleve sur sa propriete de Salazar, le 2 
Juin. Rclaclie moyennant rau9on. 

Louis Acho, fils, enleve de I'liacienda de son pere, pres Puebla en Juin. Re- 
laclie moyennant $1,000. 

Jaques Londais, commer^ant, attaque et blesse par des brigands dans la rue 
de San Clara, le 21 Juillet. 

Joseph Louis Thinesse, tailleur, depouille et roue de coups par des soldats 
du gouvernement, a un quai't de lieue de Cuernavaca, le 24 Juillet. 

Paul Dairo, marchand colporteur, assassine a Huiclidaque a deux lieues de 
Cuernavaca, le 2 Aoiit. 

Jaques Bernard, commer^ant, attaque par quatre soldats dans la rue de Zuleta, 
blesse de coups de sabre et vole, le 28 Juillet. 

Benoit Deffis, negociant a Temascaltepec, enleve par des soldats dits pro- 
nonces, emprisonne,jnaltraite de toute fapon, et relacli(^ apres trois jours de 
souffrance, et sa maison pillce, le 28 Juillet. 

Pierre Duliart, seul employe de la maison Ecbenique, de Temascaltepec, 
enleve et traite comme M. Deffis, et la maison egalement pillee par les memes, 
le 28 Juillet. 

Henri Hanville, mineur a Temascaltepec, se trouvaut absent le 28 Juillet a 
6t6 pille. 

Adrien Daste, directeur de mines, a eu ses clievaux volees. 

Auguste Daussart, brasseur, a ete attaque par plusieurs bandits, et a ete blesse 
dans rue San Francisco, le 11 Aout. 

Joseph Agand, maitre meunier, au moulin del Sacono, commune de Tlalma- 
nalco, pres de Chalco. Le 17 Aout courant dix homnies de la garde de surete 
de Chalco sont venus demander les ecuries du moulin pour I'usage de la petite 
garnison. Apres s'etre introduits dans I'etablissemeut sous ce pretexte, et avoir 
place des sentinelles au dehors, ils ont trouve un autre pretexte pour attirer le 
Sieur Agand et quelques autres employes dans la chapelle du moulin, ou ils les 
ont enfermes. Apres quoi ils ont pille le moulin, sans oublier les efifets person- 
nels du Sieur Agand et des domestiques. Cinq des soldats bandits ont ete 
reconnus par I'alcalde de Tlalmanalco, qui les a designes au prefet, mais inutile- 
ment. 

Le 18 Aout courant, M. Victor Prudhomme, industriel fort inoffensif de 
Mexico, a ete brutalement frappe au visage par un lieutenant colonel qui passa 
rapidement a cote de lui un pistolet a la main, lancant en meme temps I'epithete 
de " estrangero." 

H. Ex. Doc. 100 21 



322 THE PEESEXT CONDITION OF MEXICO. 

No. 42. 
Sir C. WyTce to Lord J. Russell. 

[Extract.] 

Mexico, Angtist 24, 1861. 

I have tlie honor to enclose translation of a decree issned the night before 
last by this government, imposing a tax of 1 per cent, on all capital exceeding 
2,000 dollars, to be paid to the government as follows : One-third on the day- 
following the publication of the decree, another at the end of eight days, and 
the remaining third at the expiration of a fortnight. Those persons not comply- 
ing with these stipulations are to be punished by fines of 50 per cent, on such 
contributions. Nothing can possibly be more arbitrary or unjust than this, as 
many persons during the Avhole of yesterday remained in ignorance that such a 
decree had been published and placarded during the night at the corners of two 
or three of the principal streets of the capital. This tax at first was only to 
be levied Avithin the district of Mexico, but by an additional decree, published 
yesterday, I hear it is to be levied on the capital, Avherever it may be, of all 
inhabitants of the district whose fortunes may exceed the sum mentioned. 

On this being known, the British merchants here addressed a letter to me on 
the subject, which I have the honor to enclose, together with my reply thereto. 

Were this principle once admitted, the door would be open to all sorts of 
illegal exactions on the part of a government so rapacious and utterly unprinci- 
pled as this. Finding that their decree of the 17th ultimo, suspending the con- 
vention payments, did not produce as much as they expected, they are now de- 
termined to obtain funds by forced contributions, for this tax is nothing else 
under another form. I was glad to find that all my colleagues here took the 
•same view of the case as I did, and recommended their countrjnnen respectively 
to resist the payment of this impost, except on compulsion and under protest. 
Mr. Oorwin, the United States minister, alone refrained from doing so, and al- 
though urged by us, in a meeting which took place to-day at his hou.<e, to join 
the Pnissian minister and the charges d'affaires of Belgium and Ecuador in re- 
monstrating with the government on the injustice of this measure, we could not 
persuade him to do so, although he must be aware that had he acted with us, 
this government would never dare, in their present precarious position, to set at 
defiance the remonstrances of the whole corps diplomatique. 

Baron "Wagner, the Prussian minister, yesterday called on Seiior Zamacona, 
and recommended him at once to Avithdraw the decree, or not to apply it to 
■foreigners resident here, as he kncAv that, Avith the exception of the Americans, 
they had all been recommended by their representatiA'es only to pay the tax on 
•compulsion and under protest. 

The government again urges necessity as their excuse, saying that, as the 
commercial body of Mexico Avould not advance them the sum of 400,000 dollars 
a month for their expenses, on the guarantee of the maritime custom-houses, an 
offer Avhich they had made and Avhich had been refused, they had no other alter- 
native but to do Avhat they have done. 

If one once acknoAvledges their right to tax capital for 1 per cent., tlioy may, 
when next in Avant of money, leA-y 10, 15, or 20 per cent, on it, and thus ruin 
the Avhole commercial body here. 

Were the money thus obtained spent in restoring order, or in aft\irding pro- 
tection to the lives and properties of those so taxed, th(>re Avould be some excuse 
for so arbitrary a measure ; but, instead of this, the disorder reigning here be- 
comes every day greater, Avhilst many of the smaller shopkeepers are utterly 
bankrupt from the paralyzation of all trade. 



THE PRESENT CONDITION OF MEXICO. dZd 

Under tliese circumstances, I trust yoiu* lordship will approve of tlie advice 
I have given to the English merchants here, and the more so, as it is in strict 
accordance with the instructions issued to my predecessors when a similar tax 
was imposed by the former government. 



Enclosure 1 in No. 42. 

Dec?-ee. 

[Traduction.] 



Le citoyen Juan Jose Baz, gouverneur du district federal, a ses habitants 
faisons savoir: 

Qu'il m'a ete adresse, par le ministere des finances et du credit public, le 
decret suivant: 

Le citoyen Benito Juarez, president constitutionnel des etats-unis Mexicans, 
a leurs habitants faisons savoir : 

Qu'en vertu des facultes que concede au gouvernement le decret du 4 Juin 
dernier, j'ai decrete ce qui suit: 

Article unique. — II est etabli, dans le district, une contribution de un pour 
cent sur les capitaux qui excedent $2,000; elle sera payable de la manicre 
suivante, a la direction gencrale des contributions directes: un tiers le jour qui 
suivra la publication du present decret, un autre tiers dans les huit jours, et le 
dernier tiers dans les quinze jours. 

De ceux qui ne verseront pas leurs cotes dans les delais exprimes, on les- 
exigera, au moyen de la faculte economico-coactive, avec les surcharges que fixent 
les lois en vigeur. 

Pourquoi j'ordonne, &c. 

Donuti au Palais National, a Mexico, le 21 Aout, 1861. 

BENITO JUAREZ. 

Au citoyen Jose H. Nunez, 

Secretaire d'Etat et des Finances et du Credit Puhlic. • 

Et je vous le transmets pour son accomplissement. 

Dieu et liberte!- 

Mexico, le 21 Aout, 1861. 

JOSE H. NUNEZ. 
Au citoyen Gouverneur du District. 

Et pour qu'il arrive a la connaissance de tons j'ordonne qu'ou I'imprime, qu'on 
le publie, &c. 

Mexico, le 22 Aout, 1861. 

JUAN JOSE BAZ. 

JOSE M. DEL CASTILLO VELASCO, 

Secretaire. 



324 THE PKESEXT CONDITION OF MEXICO. 

Enclosure 2 in No. 42. 
Messrs. Graham, Geaves 4' Co., and others, to Sir C. Wyke. 

Mexico, August 23, 1861. 

Sir : We beg to call your attention to a decree which has aj)peared in some 
of the papers this morning, by which a contribution of 1 per cent, is imposed 
xipon all capitals exceeding $2,000. 

At a time when we had great hopes that reparation would be demanded by 
her Majesty's government for similar exactions under the late administration, we 
cannot but express oui- surprise at the present illegal demand of the Mexican 
government ; but Ave consider that the foiin of the present decree may probably 
be understood to exclude foreigiiers. You will observe by the annexed copy of 
the decree in question that the 1 per cent, is to be levied in the federal district 
only, and does not therefore come under the denomination of the general taxa- 
tion of the country to which we are bound to contribute. 

The first payment of one-thii-d of the amount is to be paid in this very day, 
under the heaviest penalties in case of delay, and we therefore beg that you will 
favor us with yom" opinion as to whether we are obliged to contribute to a sys- 
tem of taxation against which so may objections have already been raised by 
her Majesty's legation on previous occasions, and which in the present case ap- 
pears clearly most unjust, both on account of its partial action and of the illegal 
principle, now renewed, of imposing forced loans upon us at the will of govern- 
ment, under the false name of taxes. 

We beg to add that the fixed taxes under a very heavy assessment have 
already been exacted from us in advance, and are paid up to the 31st of De- 
cember next. Should the right of government be now admitted to the present 
capital tax, our past experience proves that we are sure to be called upon every 
few days for further contributions, which, as we all know, are purely requii-ed for 
war purposes. 

We have, &c., 

GRAHAM, GEAVES & Co., 

A7id others. 



Enclosure 3 in No. 42. 

Sir C. Wyhe to Messrs. Graham, Geaves Sf Co., and others. 

Mexico, AuguU 23, 1861. 
Gentlemen: In reply to your communication bearing this day's date, asking 
my opinion as to whether you are obliged to pay the new tax of 1 per cent, on capi- 
tal, against the principle of which, -when similar taxes were formerly levied, her 
Majesty's legation, you say, had protested; I would recommend you only to pay 
said tax on compulsion and under protest, after duly notifying the same to those 
persons authorized to levy it. 
I am, &:c., 

C. LENXOX WYIvE. 



THE PEESENT CONDITION OF MEXICO. 325 

No. 43. ' 
^ir C. WyJce to Lord J. Russell. 

Mexico, August 26, 1861. 

My Lord : The question of tlie Britisli convention lias been bronglit under 
the consideration of her Majesty's government so frequently, and alwaj^s, hitherto, 
as a cause of complaint on the part of those interested in it, that I regret ex- 
cessively again to recur to the subject. 

I am compelled, however, to do so on the present occasion, not only because 
the Mexican government have of late j)ublicly attacked the convention, but be- 
cause there are certain matters of importance connected with it Avhich require, I 
consider, some explanation on my part, in order to clear up the doubts which 
have been and still are entertained with respect to the origin and management of 
this fund. 

Before I proceed to the discussion of this now complicated question, I would 
mention that, in order to avoid as much as possible a contiiiued repetition of 
figures in the body of this despatch, I have had drawn up in the mission the enclosed 
memorandum, which I trust may be found useful for purposes of reference, if at 
any future period the Mexican government or private individuals carry theu' 
complaints and accusations directly before the foreign office. 

I will now endeavor to trace the history of the convention from its commence- 
ment. In 1842 her Majesty's minister at Mexico, Mr. Pakenham, concluded a 
diplomatic arrangement for the payment of certain recognized claims ; and in 
1851 it was evident that, so far from having carried out this an-angement, the 
Mexican government had incurred additional liabilities, which they were equally 
unable to meet, and which rendered a fresh arrangement of some sort absolutely 
necessary. 

Hence it was that Mr. Doyle, on the 4th of December, 1851, signed the con- 
vention which has given rise to so many and such needless difficulties, and in 
which were included as well the claims under the Pakenham convention as other 
credits which had been severally recognized by the British and Mexican gov- 
verments. 

The creditors met at the national treasury, and, after the usual preliminaries 
on both sides, it was agreed that the claims, amounting to $4,984,914, shovild be 
treated as a consolidated fund, to be paid off upon the generally received princi- 
ples of debtor and creditor ; that is to say, the government obliged themselves 
to pay interest on this consolidated fund at the rate of 3 per cent, per annum, 
with a sinking fund of 5 per cent. ; it being further stipulated that five years 
after the ratification of the convention the interest was to be raised to 4 per 
cent., and the sinking fund to 6 per cent. 

For this purpose the Mexican government were supposed — I say supposed, 
for reasons which will hereafter appear, — to mortgage to us 12 per cent, per an- 
num of their entire customs revenue, upon the condition that if this assignment 
of 12 per cent, more than sufficed for the interest and sinking fund, the commis- 
sioner appointed by the creditors for receiving their money was to return to the 
treasury any surplus, whereas in the contrary case, the treasury was to meet 
any deficit by the first drafts they received from any of their maritime custom- 
houses. 

The manner in which this 12 per cent, of import duties was mortgaged to us 
I wUl explain in its proper place, for it has seriously affected us, and, indeed, 
may be said to have been the origin of all subsequent troubles. 

It so happened, to continue my narrative, that at the end of the first year, 
i. e., in December, of 1852, the stipulated custom-house assignments were not 
forthcoming, consequently it became necessary to call upon government to fulfil 



326 THE PRESENT CONDITION OF MEXICO. 

their engagements upon this point ; and on tlie 27tli of N'ovember of the same 
year a sub-convention (copy of which is enclosed herewith, as meriting your 
lordship's attention) was signed by Mr. Doyle, whereby a further custom-house 
assignment of 3 per cent, was set aside solely for pa;^'ing this deficit, to cease 
so soon as the deficit was made good. 

To all intents and purposes, however, the original assignment of 12 per cent, 
now became 15 per cent, permanently, because, although this increase of 3 per 
cent, was originally only meant to cover a particular class of aiTears, it never 
did so; on the contrary, arrears went on accumulating instead of •dimhiishing, 
more assignments were asked for and gTanted, and xiltimately we were sup- 
posed to have mortgaged to us 29 per cent, of import duties, wherewith to satisfy 
interest and sinking fund, the interest, by an arrangement made by ]Mr. Otway, 
having been increased from 4 to 6 per cent., while the sinking fund remained, 
as stipulated in the 5th article of the original convention, at 6 per cent, per 
annum. 

Such is the history of the British convention ; and it will now be my duty 
to explain, as far as may be, the complications and difficulties which have en- 
sued, and which in many cases could, and most certainly should,' have been 
avoided. 

First in the list of complainants come the government themselves, who were 
the other contracting party to the Doyle convBution, and they begin by attack- 
ing the very elements of the convention, which they allege to be suppositious, 
and lay especial stress upon the introduction into the arrangement of what are 
commonly kno'nai as the " tobacco bonds." 

To avoid entering here into a lengthy and unnecessary discussion iipon a 
question which for many years occupied the attention of her Majesty's govern- 
ment, I Avill simply state, though for the sake of reference I beg to enclose a 
short account of this particular grievance, that Messrs. Martinez del Eio, who 
are naturalized British subjects, and the present agents of the convention, be- 
came possessors, under a guarantee from the supreme government, of certain of 
these "tobacco bonds," to the amount of about $2,500,000. Their tenure 
thereof had been sanctioned by her Majesty's government, and when afterwards 
the Mexican government, in spite of their guarantee, attempted to dispute the 
right of tenm-e, Mr. Doyle received positive instructions from home to support 
Messrs. Martinez, and to insist upon justice being done to them. A plan of 
settlement was proposed, but though partly initiated by the JMexican govern- 
ment, never carried into effect. 

This happened in 1849, and it seemed only natural that two years later what 
had now assumed the character of a claim, and might almost be said to have 
formed a convention of itself, shoidd be admitted into the new compact con- 
cluded by Mr. Doyle in 1851. 

Tins is the first objection to the convention, and I cannot help thinking that 
it must be looked upon as perfectly groundless. 

Next in order follow the complaints raised by certain private individuals Avho, 
either after the fashion of a Mr. Grant, one of convention bondholders, attack 
the convention generally, or like Messrs. Bourdillon and Moran, (the latter being 
in no way connected with the convention of that name to Avhich I shall have 
occasion to refer,) paid agents for claims not included in the convention, persist 
in affirming that their clients' interests have been damaged by the illegitimate 
uses to which the couA-ention custom-house assignments have been turned. 

In 1852, as your lordship will haA'e observed, a special increase of 3 per cent, 
on the customs revenue Avas allotted to pay off a particular deficit, Avith the 
proviso that it Avas to cease as soon as the deficit Avas made good. A Mr. Dal- 
ton, Avhose case has been before the fineign office since 1S57, had, I belicA-e, 
obtained from the ]Mcxican government the reversion of this 3 per cent. Avhen- 
ever it again became government property, and in 1860 his agents, Messrs. 



THE PRESENT CONDITION OF MEXICO. • 327 

Bourdillou and Moran, did tlieir utmost to procure tliis reversion, upon the 
ground tliat tlie original object for whicli tlie 3 per cent, of import duties was 
assigned liad long ago been accomplislied, and tliat tlie convention bad no 
further right to it. 

The Mexican government were only too glad to seize such an opportunity, 
and eagerly acquiesced in the assertion that the 3 per cent, had reverted to 
them, upon what plea I cannot say, for, so far from laying any claim to it, they 
had themselves sanctioned its running on as part and parcel of the convention 
custom-house assignments, had even of their own free-will added a something 
to it, as will be seem by article 2 of Mr Otway's convention, which forms en- 
closure No. 4 of this despatch, and never thought of its reversion until Messrs. 
Bourdillon and Moran, Mr. Dalton's agents, appeared on the stage in 1860. 

Be this, however, as it may, the enclosed document will, I feel assured, set 
the matter to rights ; for thereby and subsequent, be it remarked, to the appli- 
cation of Mr. Daltoii's agents it becomes evident that this person could in no 
way interfere with the British convention, and, indeed, I know that he himself 
had proposed to the Mexican government a new arrangement for the payment 
of what Avas owing to him. 

At any rate, however, our priority of claim to this said 3 per cent, cannot be 
questioned, for it is proved (memorandum, paper D) that notwithstanding the 
gradual, though in reality merely nominal, increase of our custom-house assign- 
ments from 12 to 29 per cent., not even the original assignment of 12 per cent, 
has ever yet been paid up. 

If, then, we have never received in full the first assignment of all, it surely 
cannot be illogical to infer that we have not obtained anything over and above 
that first assignment, and consequently that, inasmuch as the above-mentioned 
additional assignment has never yet been paid, it cannot possibly have fulfilled 
the object for which it was granted. 

There is one point which both the Mexican government and these private 
individuals appear to have overlooked when attacking the convention; they do 
not remember that, be the elements of a convention or compact what they may, 
they cannot sutler change for good or bad, when once that convention or com- 
pact has been ratified, unless it be with the full consent of both contracting par- 
ties; and it ill becomes any Englishman, especially at the present moment, to 
attempt to overthrow a diplomatic arrangement which had obtained the sanction 
and support of his government, and Avhen the very stipulations thereof compen- 
sate him, as in the case of Mr. Grant, for losses which would never have been 
made good to him biit for the intervention of her Majesty's legation. 

I now come to the real and most serious difficulty connected with this con- 
vention, and would that its solution were simpler; yet I am at a loss to conceive 
how the actual error which led to this difficulty escaped the observation of my 
predecessors, or was allowed to bo perpetuated up to the present date by the 
very agents of the fund, whose duty it most certainly was to have had it rectified. 

It so happened that two days after the ratification of Mr. Doyle's convention, 
i. e., on the 6th of December, 1861, Senor Sayas, the Spanish minister in Mex- 
ico, signed on behalf of some of his countrymen a convention almost identical 
with our own. The interest on the debt thereby recognized was the same, the 
sinking fund the same, and it was equally stipulated in both conventions that a 
certain government order, which was to authorize the custom-house to set aside 
the proper proportion of custom-house assignments for the payment of the said 
interest and sinking fund, " should be considered as having been inserted in and 
as forming part" of the convention for whicli it was intended. 

The Bayas or, as it is generally called, the Padre Moran convention, was only 
for a sum of $983,000, Avhereas, as I have already stated, ours represented 
$4,984,914, yet, strange to say, the government order, which was to be looked 
upon as quite as sacred as any part of either convention, was one and the same 



328 THE PEESEXT CONDITION OF MEXICO. 

in eacli case. This order shall, however, speak for itself; and yonr lordship 
will observe that the 12 per cent, of imjDort duties, which, as I stated above, was 
supposed to have been mortgaged to ns, is by the order set aside for the pm-pose 
of satisfying the conditions of both the Padre Moran and the British conven- 
tions ; no division of the 12 per cent, is made therein, no proper proportion 
thereof is defined, the 12 per cent, stands there as much the property of the one 
as of the other convention. 

Now, even supposing, for the sake of argument, that the Mexican government 
had intended there should be but one order, and that 12 per cent, of the import 
duties was to suffice for paying the interest and sinking fund of both conven- 
tions, one might have expected to discover in the order some clear definition of 
the proportion that the 12 per cent, was to bear to each convention. 

It was, however, otherwise, and the consequence is that our ovn\ and the 
Spanish convention have, as it were, been merged into one. The agencies of 
the two conventions, which once were separate, have ceased to be so. Messrs. 
Martinez del Eio from the very beginning were recognized as the sole agents for 
both, though, in point of fact, that of Padre Moran, as a Spanish convention, 
became a dead letter, and, to all intents and purposes, might as well have never 
existed, since all applications to this legation for support and protection have 
been made by Messrs. Martinez del Rio in their capacity as agents for the British 
convention. 

Up till now we have been allowed to slumber on in the full assurance that the 
original, as well as every additional custom-house assignment was ours. Such, 
however, has not been the case ; from 1851 to 1860 her Majesty's government, 
this legation, and British ships-of-war, have been laboring on behalf not only of 
British but of Spanish interests, for out of eveiy assignment we have received, 
with the exception of that obtained by Captain Aldham, a sixth part has regu- 
larly been handed over by Messrs; Martinez del Eio to the sister convention, 
while no violation' of contract has ever taken place ; but we, and we alone, have 
been appealed to by them for redress, and it was not until early in 1861 that 
Messrs. Martinez del Eio breathed a word that could imply the fiict of their 
having thus practically and systematically amalgamated the two conventions. 
Why, or wherefore, they should have made an exception to their general line of 
conduct in the case of the Aldham convention I am unable to say. It is suffi- 
cient that they did so, and it appears to me that the letter, copy of which I 
herewith enclose, addressed by them to Mr.Mathew, in reference to this subject, 
is proof enough that a doubt must always have existed in their minds as to the 
propriety of claiming British protection for a convention with which we had 
nothing in the world to do. 

It is useless for these gentlemen to assert that in issuing one order the ]\Iexi- 
can government intended the two conventions to draw from one and the same 
fund, that the proportion of the custom-house assignments to tliose conventions 
was naturally in the ratio of the tAvo debts, and that consequently their conduct 
can be justified. 

If such, indeed, was the intention of the Mexican government, surely it could 
not also have been their intention to make one convention responsible for Avhat 
belonged to another convention, and that other convention of a totally difterent 
nationality. This Avould have been absurd, and I fear, therefore, that but one 
construction can be put upon the whole affair ; the order on the custom-houses 
was simply a piece of trickery on the part of the Mexican government, nobody 
took the trouble to counteract it, and Ave alone have been the dupes to our own 
prejudice, but to the profit of others. 

There is one fact A\hich cannot be disputed. A certain ord(>r, the very es- 
sence, if I may use the expression, of both conventions, but Avhich does not 
exist at the time of ratification, becomes by anticipation an actual part of both. 
By that order, not a separate one, be it remarked, for each convention, 12 per 



THE PRESENT CONDITION OF MEXICO. 329 

cent, of import duties is to be set apart for satisfying the demands of botli con- 
ventions ; consequently tliere enters an idea of partition, tlie entire 12 per cent, 
being the sole j)roperty of neither convention : we, therefore, have no right to 
the whole, nor has the Spanish convention any right to it, but we have been 
made responsible for the whole, and our agents have applied to us for protection 
when the Avhole was not given to us ; moreover, Mr. Doyle in his sub-convention 
states positively that the whole is ours in virtue of the actual convention, while 
the actual convention proves it is not oin-s by article IV, for that article and the 
original custom-house orders are, I might almost say, synonymous terms, and 
the latter distinctly states that it is not ours. 

The 12 per cent, of import duties then is ours, and is not om-s : it is ours, 
because Ave have claimed it and our claim has not been questioned ; it is not ours, 
because whenever it has been obtained a sixth part has always been taken away 
from us. 

It is now perhaps too late to remedy the evil that has been done, but hence- 
forward it will be oin- fault if Spain does not look after Spanish, and England 
after English interests, whenever the moment arrives for reinstating the conven- 
tions in the position they lost through the government decree of the 17th ultimo, 
which amongst other payments suspended those belonging to diplomatic 
arrangements. 

Far be it from me to make any direct accusation against those who have been 
principally to blame in this matter, but I cannot acquit Messrs. Martinez del 
Eio of great and culpable negligence. As agents of the British convention fund 
they ought to have known that whatever may have been the object of the 
Mexican government in issuing but one custom-house order for two conventions, 
it never could have been intended that the British legation alone was to see that 
order carried out, to the prejudice of its own and the profit of Spanish interests; 
it was their bounden duty to have called the attention of the legation to the 
existing state of affairs, and they left that duty undone. 

I need not, of course, assure your lordship that in thus accusing Messrs. 
Martinez del Bio of great negligence, I have no intention or wish whatever to 
cast a slur upon their character as honorable men : still I feel that, in the inter- 
ests of all parties concerned, it would be miach better, for obvious reasons, to 
place the agency in other hands ; and I do not think I can recommend to your 
lordship a better or fitter person to succeed Messrs. Martinez del Bio than Mr. 
Consul Glennie, who is now auditor of the fund, and who, I feel sure, has the 
esteem of all those who are connected therewith. It appears to me, too, that it 
would be more becoming for the convention to have its agency in our consulate, 
and I cannot help thinking that such an appointment as the one I have now the 
honor of proposing to your lordship would tend greatly to diminish the existing 
causes of complaint. 

I have only now further to call your lordship's attention to the fact that there 
are but fcAv Englishmen holders of convention stock at the present time ; it has 
passed on 'change into other hands, principally Mexican, and I have, for pur- 
poses of reference, accompanied my memorandum on the convention Avitli a list 
of those Avho Avere bondholders when the first diA'idend took place, as AA^ell as of 
those AA'ho are noAv holders of convention stock ; and it is worthy of remark, 
that even dimng the first six months after the ratification of the Doyle compact, 
bonds Avere eagerly bought up in the money market, so great Avas at that time 
the confidence inspired by an agreement for the due fulfilment of which Great 
Britain Avas supposed to be a responsible party. 

Such, my lord, is the account of the British convention, past and present; its 
length may, perhaps, seem to require some apology on my part. Had I, how- 
ever, curtailed it, I much fear I should have failed in the original object I had in 
view, and that so far from being useful at a future period for reference, this 



330 THE PRESENT CONDITION OF MEXICO. 

despatcli and its enclosures wonld merely have added to the difficulties con- 
nected with the convention. 

While, then, I sincerely trust that, in its present state, this Avill not be found to 
be the case, may I request your lordship, should my proposals meet with your 
approbation, to be good enough to send me such instructions as will admit of 
immediate action, not only as regards the future agency of the British convention, 
but also as regards the restoration of the Spanish convention to the protection 
of its rightful owners 1 

Everything connected with the so-called British convention has got into such 
a tangle of confusion, that it Avould have been impossible for me to have under- 
stood the actual state of the case without the assistance of Mr. Walsham, whose 
experience here, joined to the untiring assiduity he has displayed in elucidating 
the whole question, and putting the numerous enclosm-es of this despatch into 
proper order, have been of the greatest service in enabling me to transmit a 
statement which I hope may hereafter prove useful for reference, whenever the 
subject of this convention and its numerous complications shall again be brought 
under the notice of the foreign office. 
I am, &c., 

C. LENNOX TTYKE. 



Enclosure 1 in No. 43. 
Memorandum on tJie British convention. 

On the 15th of October, 1842, Mr. Pakenham signed a convention with the 
Mexican government, in which it was stipulated that certain recognized claims, 
amounting to about $250,000, should be formed into a consolidated fund, to be 
paid off, capital and interest, by a percentage on the import duties at the mari- 
time custom-houses of Vera Cruz and Tampico. 

This convention was not can-ied out by the Mexican government ; and on the 
4th of December, 1851, Mr. Doyle signed a fresh one, in which not only the 
claims under the Pakenham convention, (see annexed paper A,) but others, 
which had been recognized by both the English and Mexican governments, and 
had indeed formed separate diplomatic arrangements, were included, (see papers 
B and C.) 

By Mr. Doyle's convention the claims, amounting to $4,984,914, were likewise 
formed into a consolidated fund, the Mexican government obliging itself to pay 
thereupon 5 per cent, as sinking fund, and 3 per cent, as interest, until the debt 
should be paid off. 

To meet this 5 per cent, and 3 per cent., it was agreed that a certain portion 
of the annual customs revenue should be set apart, and half-yearly dividends 
take place; and it was further stipulated that in 1857 the sinking fund should 
be raised to G per cent., and the interest to 4 per cent. 

Now it so happened, that two days after Mr. Doyle had signed his convention, 
Seiior Sayas, Spanish minister in Mexico, also signed a convention on behalf of 
some Philippine missionaries, which is generally known as the " Padre Moran" 
convention, and Avhich, singularly enough, was made upon exactly the same 
basis as our own. Its consolidated fund was $983,000, the sinking fund 5 per 
cent., and the interest 3 per cent. 

This 5 pin- cent, and 3 per cent, were to be increased respectively to 6 per 
cent, and 4 per cent, at a stated period, and to be satisfied, as in oiu* case, by 
j'carly custom-house assignments, whenever it could be found out what amount 
of assignment would be necessar3\ 

Instead, however, of fixing this amount at the time of ratification, the Mcxi- 



THE PEESENT CONDITION OF MEXICO. 331 

can government only did so some two months afterwards by a cnstom-house order 
getting apart 12 per cent, of import duties for paying the sinking fund and 
interest of both conventions, but unfortunately without specifymg in what pro- 
portion this 12 per cent, was to be made. 

At first each convention had its own agent in Mexico, but later on Messrs. 
Martinez del Rio, naturalized British subjects, took charge of both, and from 
that time it would seem the Padre Moran convention lost its nationality ; for we, 
though until now unaware of the fact, have always collected its portion of 
custom-house assignments, as will hereafter appear. 

The original custom-house assignment for both conventions was 12 per cent. 
At the end of 1852 it had not been paid, and to meet the deficit the Mexican 
government assigned an additional 3 per cent, until it should be made good ; but 
this 3 per cent, had simply reference to the English part of the deficit, as ap- 
pears from Mr. Doyle's sub-convention (fonning enclosure No. 3 in the despatch,) 
for there is no evidence that any steps Avere taken in this direction by the 
Spanish representative; yet as j\[essrs. Martmez del Rio had previously, on their 
own responsibility, apportioned to the Padre Moran convention a sixth part of 
what the custom-house did pay in 1852, so also they now made over a sixth 
part of the additional 3 per cent. 

In 1852, therefore, the state of the conventions was — 

British convention. — Sinking fund, 5 per cent.; interest, 3 per cent.; custom- 
house assignment, 12 per cent., and 3 per cent, for arrears. 

Pad)-e Moran convention. — Sinking fund, 5 per cent.; interest, 3 per cent.; 
custom-house assignment, 12 per cent., and 3 per cent, for arrears. 

In 1857, the interest and sinking fund of both conventions became, as origi- 
nally stipulated therein, sinking fund, 6 per cent.; interest, 4 per cent.; the only 
difference in the custom-house assignment being that the 3 per cent., originally 
intended to pay off a particular class of an-ears, was now merged into the body 
of assignments, which therefore stood at 15 per cent. 

In 1858 the Mexican government, apparently of their own free will, increased 
this 15 per cent, to 16 per cent., and Mr. Otway, in the same year, had the 
interest of the British convention raised to 6 per cent. 

Thus, at this period, the following was the progress made in both conventions : 

British convention. — Sinking fund, 6 per cent.; interest, 6 per cent.; custom- 
house assignment, 16 per cent. 

Padre Moran convention. — Sinking fund, 6 per cent.; interest, 4 per cent.; 
custom-house assignment, 16 per cent. 

In 1859 the arrears on the sinking fund had accumulated to $1,800,000, and 
it was then that Captain Dunlop, senior naval officer in the Gulf of Mexico, 
obtained an additional 8 per cent, of import duties; and in 1860, when the 
custom-houses of Vera Cruz and Tampico had seized assignments to the amount 
of $350,000, Captain Aldham. Avho had succeeded Captain Dunlop, made a 
further convention, by which 5 per cent, more of import duties was to be set 
aside, though only in the custom-houses of Vera Cruz and Tampico. Both the 
8 per cent, of Captain Dunlop and the 5 per cent, of Captain Aldham were to 
cease as soon as they had respectively satisfied the $1,800,000 arrears, and 
$350,000 ("occupation") above refeiTcd to. It is certain that Captain Aldham's 
5 per cent, was upon all import duties from all vessels at the ports of Vera 
Cruz and Tampico. The 8 per cent., however, of Captain Dunlop Avould appear 
to refer to the custom-houses generally, and to have been upon all import duties 
from all except French vessels. 

Both the 8 per cent, and the 5 per cent, were solely for the specific object 
above referred to, and were to cease directly that object was attained, so that 
the regular custom-house assignment upon all import duties from all vessels was, 
as has been stated, only 16 per cent.; and yet if the statement (see paper D) 



332 



THE PKESENT CONDITION OP MEXICO. 



made by ^Messrs. Martinez del Rio be correct, even tlie original assignment of 12 
per cent, has never been paid, mucli less that of 16 per cent. 

Between 1852 and 1861 tbe proper amount of interest had been paid upon 
the consolidated fund of the British convention, viz: $1,744,604 14, and nearly 
the proper amoimt of interest upon the consolidated fimd of the Padre Moran 
convention, viz: 6320,197 99, uistead of $344,961 50; (see papers E and F,) 
whereas the sinking fund of the two conventions, which during the same period 
stand at $2,592,165, British convention; $511,160, Padre Moran convention, 
have only respectively been paid $810,634, and $157,280. Of course conven- 
tion stock has frequently changed hands in the money market, and this will 
account for so many of the present holders of bonds being foreigners. — (See 
paper G.) 



Table shoicing the various cJianges wliicli have taken place in the British and 
Padre Moran conventions between 1851 and 1860. 



Sinking fund and interest to be paid 
to British conventioa. 



Custom-house assign- 
ments to satisfy both 
conventions. 



Sinking fund and interest 
under Padre iloran's 
convention. 



Mr. Doyle's convention. 

1851. Sinking fund, 5 per cent .. j 
Interest, 3 per cent j 

1852. Sinking fund, 5 per cent .. ) 
Interest, 3 percent _. ) 

1857. Sinking fuud, 6 per cent .. | 
Interest, 4 per cent -. j 

Mr. Otway'i convention. 

1858. Sinking fund, 6 per cent .. j 
Interest, 6 per cent j 

Captain Dunlop's convention. 

1859. Sinking fund, 6 per cent .. ) 
Interest, 6 per cent f 

Captain Aldham's convention. 

18G0. Sinking fund, 6 per cent .. j 
Interest, 6 per cent j 



12 per cent 

12 per cent, and 3 per 
cent , (arrears.) 

15 per cent \ 



16 per cent .. 



I 



24 per cent 



29 per cent 



j Sinking fund, 5 per cent. 
( Interest, 3 per ccut. 
j Sinking fund, 5 per cent. 
I Interest, 3 per cent. 

Sinking fund, 6 per cent. 

Interest, 4 per cent. 



Sinking fund, 6 per cent. 
Interest, 4 per cent. 



Sinking fund, 6 per cent. 
Interest, 4 per cent. 



( Ceased to participate in 
] extra assignments. 



Mexico, August 20, 1861. 



THE PEESENT CONDITION OF MEXICO. 333 



Pahenham convention, Agent P. de Ansoategui; concluded by Mr. PaTcenJiam, 
on the 15th of October, 1842, with the consent and approbation of both the 
British and Mexican governments, as is proved by the despatches marhed in 
the margin. 

Original capital §287, 412 09 

Interest to November 30, 1850 160, 804 45 

448,216 54 
Amount paid off to same date 291, 654 95 

Balance included in Doyle convention 156, 561 59 

Parties representing Pakenham convention : 

Jecker, Torre & Co $67, 246 59 

Manning & Mclntosli 52, 573 71 

Viuda Echeverria e liijos 27, 813 57 

Drusina & Co 13, 717 27 

J. J. de Eozas J 12, 203 12 

Aguero Gonzalez & Co 13, 850 56 

Alexander Grant 54, 483 03 

C. A. Fornaelion 2, 332 00 

Martinez del Rio, Brothers 32, 561 79 

Domingo de Ansoategui 4, 067 70 

G. J. Martinez del Rio 250 00 

Bates Jamison & Co 1, 600 00 

E. J. Perry 3, 862 75 

Ernesto Masson, for G. & J. Campbell 500 00 

Thomas H. Worrall 350 00 



287,412 09 



B. 

Diplomatic arrangement commenced on belialf of Messrs. Montgomery, Nicod 
&f Co., by Mr. Pakenham, continued by Mr. Doyle in 1843-'44, and con- 
cluded by Mr. Banlchead in 1844. 

Amount of capital on January 1, 1843 $1, 036, 489 25 

Paid as " refaccion," on May 27 and September 23 112, 980 00 

1,149,469 25 
Interest up to December 3, 1851 845, 743 70 

1,995,212 95 
Amount received up to same date 842, 491 77 



Balance included in Doyle convention 1, 152, 721 J 8 



334 THE PEESENT CONDITION OF MEXICO. 

Parties interested in above arrangement : 

Martinez del Rio, Brothers : $563, 127 22 

Stcplieu Miller 11, 402 67 

D. Manterola, for Echeverria 22, 748 04 

C. de Luchet 65, 427 11 

B. Mac|ua 121, 878 81 

Frederick Montgomery 116, 728 02 

W. Mackintosh 3, 000 00 

M. Mead 119, 728 02 

M. Moreda 22, 805 34 

J. B. Jecker 2, 624 02 



1, 149, 469 25 



0. 

Dij)lomatic arrangement conchided hy Mr. Doyle witli tlie Mexican government 
in 1849, on behalf of Messis. Martinez del Rio, agents at that time for xchat 
xcas hnoicn as the "tohacco claims;'''' liquidated np to December 3, 1851. 

Amount of "tobacco bonds" $2, 745, 000 00 

Amount of " interior debt " bonds 717, 000 00 

$3, 462, 000 00 

Amount received 384, 000 00 

Capital unpaid on December 31, 1851* 3, 078, 000 00 

Due for interest to same date 601, 727 91 

Less received from the treasury 4, 095 84 

597,632 07 

Balance included in Doyle convention 3, 675, 632 07 

*Parties interested in the above arrangement : 

Martinez del Eio Brothers Si, 003, 348 97 

J. S. Bengough 251, 899 03 

J. A. de Bertegui 841, ] 22 61 

Benito Maqua 354, 053 oo 

Muriel Brothers 155, 974 87 

Edward J. Perry 31,. 837 33 

Rafael Beraza 18, ^21 85 

Manuel Escandon 156, 749 %Q 

Viuda de Eclieverria 138, 158 25 

F Ea"-oa"a 74, 627 32 

J. . a- <ipu<i^<i 1 

Aguero (Jonzalez y Ca 43, 005 47 

J. Rodriguez de S. Miguel, for Madame Arismeudi 8, 601 10 



3, 078, 000 00 



THE PRESENT CONDITION OF MEXICO. 



335 



D. 

Statement of the amotint received from all the custom-Jiouses on account of the 
convention fund, from 1852 to 1859. 

1852 $261, 914 24 

1853 406, 198 26 

1854 540, 514 26 

1855 343, 107 52 

1856.. : 301,917 05 

1857 104, 087 25 

1858 130, 593 16 

1859 420,149 87 



2,508, 481 61 



The annual estimated produce of tlie import duties is from $7,000,000 to 
$8,000,000, but even taking the very low figure of $5,000,000, it will be seen 
that in no one year has the original assignment of 12 per cent, been paid. 



E. 

British ConvExNtion — Original capital, $4,984,914 84. 



Date. 



June 

Dec. 

June 

Dec. 

June 

Dec. 

June 

Dec. 

June 

Dec. 

June 

Dec. 

June 

Dec. 

June 

Dec. 

June 

Dec. 

June 



4,1852 
4,1852 
4, 1853 
4,1853 
4, 1854 

4. 1854 
4,1855 

4. 1855 

4. 1856 
4,1856 

4. 1857 
4,1857 
4,1858 
4,1858 
4,1859 
4,1859 
4,1860 
4,1860 
1,1861 

Total... 



Sums that ought to have been 
paid on account of — 



Capital. 



$124,622 87 
124,622 87 
124,622 87 
124,622 87 
124,622 87 
124,622 87 
124,622 87 
124,622 87 
124,622 87 
124,622 87 
149,547 45 
149,547 45 
149,547 45 
149,547 45 
149,547 45 
149,547 45 
149,547 45 
149,547 45 
149,547 45 



2,592,155 75 



Interest. 



$74,773 72 

74,773 72 

73,872 45 

73,872 45 

71,233 37 

71,233 37 

66,720 77 

64,851 43 

64,851 43 

64,851 43 

83,485 60 

83,485 60 

125,228 40 

125,228 40 

125,228 40 

125,228 40 

125,228 40 

125,228 40 

125,228 40 



1,744,604 14 



Date. 



July 31 
Dec. 4 
Sept. 5 
Dec. 30 
June 5 
Dec. 28 
June 15 
Dec. 20 
July 12 
Dec. 27 
Jan. 25 
May 20 
May 12 
Sept. 14 
Jan. 5 
Apr. 12 
July 16 
May 1 
July 12 



,1852 
,1852 
,1853 
,1853 
,1854 
,1854 
,1855 
,1855 
,1856 
,1856 
,1858 
,1858 
,1859 
,1859 
,1860 
,1860 
,1860 
,1861 
,1861 



Sums actually paid on ac- 
count of — 



Capital. 



$60,084 84 



175,939 05 



300,839 61 
124,622 87 



149,148 47 



810,634 84 



Interest. 



$74,773 72 

74,773 72 

73,872 45 

73,872 45 

71,233 37 

71,233 73 

66,720 77 

64,851 43 

64,851 43 

64,851 43 

83,485 60 

83,485 60 

125,228 40 

125,228 40 

125,228 40 

125,228 40 

125,228 40 

125,228 40 

125,228 40 



1,744,604 14 



336 



THE PEESEXT CONDITION OF MEXICO. 



F. 

Padre Morax's Cowentiox — Original capital, $983,000. 



Date. 


Sums -which ought to have 
been paid on account of — 


Date. 


Sums actually paid on ac- 
count of — 




Capital. 


Interest. 


Capital. 


Interest. 


June 4, 1852 


$24,575 00 
24,575 00 
24,575 00 
24,575 00 
24,575 00 
24,575 00 
24,575 00 
24,575 00 
24,575 00 
24,575 00 
29,490 00 
29,490 00 
29,490 00 
29,490 00 
29,490 00 
29,490 00 
29.490 00 
29,490 00 
29,490 00 


$14,745 00 
14,745 00 
14,597 55 
14,597 55 
14.086 63 
14,086 63 
13,196 78 
12,828 15 
12,828 15 
12,828 15 
16,514 40 
16,514 40 
24,771 60 
24,771 60 
24,771 60 
24,771 60 
24,771 60 
24,771 60 
24,771 60 


July 31,1852 
Dec. 4, 1852 
Sept. 5, 1853 
Dec. 30, 1853 
June 5, 1854 
Dec. 28,1854 
June 15, 1855 
Dec. 20, 1855 
July 12, 1856 
Dec. 27,1856 
Jan. 25,1858 
May 20, 1858 
May 12,1859 
Sept. 14. 1859 
Jan. 5, 1860 
Apr. 12, 1860 
July 16,1860 
May 1,1861 




$14,745 GO 
14,745 00 
14 597 55 


Dec. 4, 1852 
June 4 1853 


$9,830 00 


Dec. 4, 1853 
June 4 1854 


34,060 95 


14,597 55 
14 086 63 


Dec. 4,1854 
June 4,1855 
Dec. 4 1855 


59,324 05 
24,575 00 


14,086 63 
13,196 78 
12 828 15 


June 4 1856 




12,828 15 


Dec. 4,1856 
June 4 1857 


29,490 00 


12.828 15 
16 514 40 


Dec. 4 1857 




16,514 40 






24,771 60 


Dec. 4 1858 




24,771 60 


June 4, 1859 




24,771 60 


Dec. 4 1859 




24,771 60 


June 4, 1860 




24,771 60 


Dec. 4 1860 




24,771 60 


June 4, 1861 














Total 


511,160 00 


344,969 59 


157,280 00 


320, 197 99 









G. 



CoNVENClON Inglesa, lo dividendo, Julio 31 de 1852. 



Martinez del Rio Hermanos $1, 670, 000 00 

G. J. Martinez del Rio 15, 000 00 

J. P. Martinez del Rio 12, 000 00 

E. J. Perry 51, 000 00 

Alejandro Grant 97, 000 00 

Rafael Beraza 22, 000 00 

1,867,000 00 

J. A. de Beistegui 1, 006, 000 00 

B. DeMacua 546, 000 00 

J. S. Bengough 301,000 00 

Manuel Es^candon 187, 000 00 

Muriel Hermanos 186, 000 00 

Viuda de Eclieverria o liijos 182, 000 00 

J. B. Echave, por Testameutaria de D. ]\Ianterola 129, 000 00 

J. B. Echave, por Testameutaria dc J. M. Echcverria 23, 000 00 

McCalmont Geaves y Ca., Testameutaria de F. Montgomery . 117, 000 00 

McOalmont Geaves y Ca., por la Compaua Unida 9, 000 00 

J. B. Jecker • • 103, 000 00 



THE PRESENT CONDITION OF MEXICO. 337 

Jecker, Torre, y Ca., por 0. cle Luchet $65, 000 00 

Id id. -Gme. Cochran 28, 000 00 

Id id. -M. Moreda 22, 000 00 

Id id. .Estevan Miller 11, 000 00 

J. M. Flores, Testameiitaria de F. Fagoaga 90, 000 00 

Agiiero Gonzales y Oa 57, 000 00 

Schmidt, Higson y Ca 13, 000 00 

C. Whitehead 7, 000 00 

J. Rodriguez de S. Miguel 10, 000 00 

J. J. de Rosas 7, 000 00 

C. G. Kauftmann 6, 000 00 

Benjamin Laurent 5, 000 00 

Concurpo de Guillermo de Drusina y Ca 3, 000 00 

C. A. Fornachon 2, 000 00 

Manning y Mackintosh 2, 000 00 

Bates, Jamison, y Ca 914 84 



Convencion Inglesa 4, 984, 914 84 



Convencion Espanola (names not given) 983, 000 00 



Names of proprietors or agents given in the account oftlie 2d dividend of tlic 
Spanish convention, made Dcccmljcr 4, 1852. 

M. J. de Lizardi '. $368, (S'lb 00 

Cayetano Rubio 245, 750 00 

McCalmont Geaves & Ca., por M. de Embil y Ca 184, 312 50 

Jecker, Torre, y Ca 184, 312 50 



983, 000 00 



Convencion Inglesa, 19o dividendo, Julio 12 de 1861. 

Martinez del Rio Hermanos $417, 876 63 

E. J. Perry 50, 880 00 

Jose de Ansoategui 45, 254 66 



514,011 29 

Carlos Byrn 1, 117, 698 94 

Hermenegildo de Viya 50, 000 00 

Id . . . por Viya Hermanos 97, 103 45 

Id- . .por Francisco Giffard 200, 603 46 

Id. . -por Rafael Beraza 18, 480 00 

Id . . . por J. de Munoz y Munoz 5,793 10 

Francisco G. de Luzarraga 368, 000 00 

Francisco Morphy 206, 724 14 

Graham Geaves y Ca 88, 908 89 

Id por F. Montgomery 98, 280 00 

Antonio M. Priani 170, 000 00 

J. B. Echave 20, 000 00 

Id por Testamentaria de D. Manterola 108, 360 00 

Id por J. M. Echeverria 19, 320 00 

11. Ex. Doc. 100 22 



338 



THE PEESENT COXDITIOX OF MEXICO. 



Vinda de Eclieverria e hijos 

K. Davidson 

Mauuel Soriano 

Alejandro Grant 

Ag-iiero Gonzales y Ca 

Miguel Buch 

Francisco Bucli 

Raymiindo Mora 

]\Iartin Carrera 

Manuel JM. Rubio 

Benjamin Barton 

J. J. Schmidt j Ca., por Schmidt, Higson, y Ca 

Teodore Chavez 

Manuel Hernandez 

Jorge S. Whitehead 

C. y J. Whitehead 

J. B. Jecker y Ca., por Guillermo Cochran 

Id por Estevan Miller 

Francisco Colina 

Juan Antonio de Beistegui 

Juan Antonio de Beistegui por Testamentaria de Azurmendi 

J. Velasquez de Leon 

Jose C. Murphy 

G. R. Glennie 

P. Echeverria, por Menores Echeverria 

A. Pamanes 

C. G. Kauflfman 

J. Rodrigtxez de San Miguel 

J. J. de Rosas 

J. M. Landa, por E. Mugaburu 



Convencion Inglesa 



Convencioji ^spanola. 



Carlos Byrn 

Francisco J. de Luzan-aga. 
Juan Antonio de Beistegui 

IMiguel Bringas 

Francisco Morphy 



$120, 


103 


02 


100, 


000 


00 


100, 


000 


00 


100, 


000 


00 


38, 


880 


00 


50, 


000 


00 


10, 


000 


00 


69, 


613 


98 


68, 


275 


86 


bb, 


600 


00 


43, 


000 


00 


10, 


920 


00 


46, 


551 


73 


38, 


000 


00 


36, 


666 


62 


3, 


242 


23 


23, 


520 


00 


9, 


240 


00 


30, 


000 


00 


25, 


000 


00 


3, 


754 


19 


26, 


827 


59 


24, 


512 


81 


14, 


600 


00 


12, 


432 


00 


9, 


793 


10 


8, 


400 


00 


8, 


400 


00 


5, 


880 


00 


1, 


383 


61 


4, 174, 


280 


00 




$309, 


645 


00 


254, 


822 


50 


154, 


822 


50 


103, 


240 


22 


3, 


189 


78 


825, 


720 


00 





Enclufure 2 in No. 43. 



THE PAKENHAM CONVENTION, SIGNED OCTOBER 15, 1S42. 



Whereas it is expedient that a defi- 
nite arrangement be concluded for the 
payment of certain sums ackno-wlcHlged 
to be due by the Mexican government 
to subjects of her Britannic JMajesty, 
the discharge of ^vhich has, in some 



Por cuanto es conveniente que se 
concluya un arreglo definitivo para el 
pago de cicrtas cantidades recont>cidas 
por el gobienio Mexicano a favor de 
varios subditos de su IMngestad Brit- 
auica, cuyo pago, en algunos casos eu 



THE PRESENT CONDITION OF MEXICO. 



339 



cases in the whole, and in others in 
part, been hitherto prevented by un- 
foreseen circumstances; the government 
of the Mexican republic have, from a 
desire to meet the wishes of that of 
Great Britain, consented to conclude 
with Tier Majesty's minister plenipo- 
tentiary a formal agreement for the 
above purpose ; wherefore the under- 
signed, her Britannic Majesty's minister 
plenipotentiary, having met in formal 
conference, by previous appointment, in 
the office of foreign affairs, the minister 
of that department and the minister of 
finance, they have agreed to the fol- 
lowing articles : 



Article I. 

Of the import duties accruing at the 
ports of Vera Cruz and Tampico, from 
and after the date of the present agree- 
ment, there shall be set apart two per 
cent, in the former and one per cent, in 
the latter port, to be applied to the pay- 
ment of the sums acknowledged to be 
due up to this date to British subjects. 
The proceeds of these appropriations 
shall be paid over to the agent of the 
parties interested in them, to be dis- 
tributed in proportion to their respective 
credits. 

The duties already disposed of by 
the government in their whole amount 
previously to the date of this agreement 
are not included in these appropriations, 
it being understood that the portion of 
the duties assigned by the present article 
shall not henceforwai'd be disposed of 
for any other object. 

Article II. 

Such of the said credits as have 
hitherto gained interest by virtue of 
pre-existing agreements shall continue 
to gain interest at the rate in each case 
stipulated ; and such as have not 
hitherto been entitled to interest shall 
hereafter be entitled to it at the rate of 
twelve per cent, per annum. 



la totalidad, y en otros en parte, no ha 
podido hasta ahora verificarse por cir- 
cunstancias imprevistas, el gobierno de 
la republica Mexicana, dispuesto de 
conformarse con los deseos del de la 
Gran Bretaiia, ha convenido en concluir 
con el ministro plenipotenciario de su 
Magestad \\n convenio formal para el 
objeto indicado : a cuyo fin, reunidos 
en conferencia formal citada previa- 
mente en el ministerio de relaciones 
exteriores y gobei'nacion,los infrascritos 
ministros del citado ramo y del de 
hacienda, con el espresado ministro 
plenipotenciario de su Magestad Bri- 
tanica, han convenido en los articulos 
siguientes : 

Articulo I. 

De los productos de los derechos de 
importacion que se causareu en los 
puertos de Vera Cruz y Tampico, desde 
la fecha del presente convenio en ade- 
lante, se separani un dos por ciento en 
el primero, y el uno por ciento en el 
scgundo, que se aplicara al pago de las 
cantidades reconocidas hasta el dia a 
fiivor de siibditos Britanicos. Los pro- 
ductos de estas asignaciones se entre- 
garan al agente que designen los inter- 
esados en ellas, para que las distribuya 
en justa prorata con proporcion al 
monto de los creditos que representen. 

No se comprenden en estas asigna- 
ciones los derechos de que en totalidad 
haya dispuesto el gobierno con anteri 
oridad a la fecha de este convenio, en- 
tendiendose que en lo sucesivo no se 
dispondra para otro objeto de la parte 
de derechos consignada por el presente 
articulo. 

Articulo II. 

Los creditos que hasta el dia han 
ganado interes a virtud de conveuios 
pre-existentes,seguiran gozandalo segun 
la cuota estiptilada en cada caso ; y los 
que hasta ahora no lo han disfrutado, 
tendra derecho a el a razon de un doce 
por ciento anual. 



340 



THE PRESENT CONDITION OF MEXICO. 



Article III. 

It is moreover agreed tliat the in- 
terest accruing up to this date, and not 
yet discharged, shall be computed and 
added to the respective capitals ; and 
this new capital shall be entitled to 
interest at the rate of twelve per cent, 
per annum up to the date of its dis- 
charge. 



Articulo III. 

Se conviene ademas que los intereses 
vencidos hasta esta fecha, que no han 
sido satisfechos, se liquidaran y agre- 
garan al capital respective, y este uuevo 
capital disfrutara tambien del beueficio 
del doce por ciento de interes anual 
hasta su pago. 



Article IV. 

In order to prevent any doubt or 
misapprehension as to the description 
of credits to be entitled to the benefit 
of the present agreement, it is declared 
that its application shall extend only 
to such credits as have been acknow- 
ledged by the Mexican government 
through the interference of the British 
mission, including the sums exacted 
from time to time from the subjects of 
her Majesty under the head of forced 
loans. 

Article V. 

It is formally declared by the parties 
to this agreement that it shall be con- 
sidered as having the same force and 
effect, and being equally binding, as a 
convention between the two govern- 
ments. 

In witness whereof we, the ministers 
aforesaid, have signed it, and sealed it 
Avith our respective seals. 
• Done at Mexico, this fifteenth day 
of October, one thousand eight hundred 
and forty-two. 

L.S.] R. PAKENHAM. 

L. S.J J. M. DE BOG ANEGRA. 

L. s. G. INGUER AS. 



Articulo IV. 

En obvio de cualquiera duda 6 mala 
inteligencia en cuanto a la clase de 
creditos que han de disfrutar de las 
ventajas del presente convenio, se de- 
clara que ellas se aplicaran solamente 
a los creditos que han sido reconocidos 
por el gobierno de Mexico a solicitud 
de la legacion Britanica, entre los que 
comprenden las cantidades exigidas en 
diversas epocas a siibditos de su 
Magestad en clase de prestamos for- 
zosos. 

Articulo V.' 

Se declara solemnemente por ambas 
partes que el presente convenio se con- 
siderara de la misma fuerza y valor 
que una convencion cntre los dos gobi- 
ernos, y que sera igualmente obhga- 
torio. 

En fe de lo cual los espresados minis- 
tros lo firmamos, y sellamos con nues- 
tros sellos respectivos. 

Fecho en Mexico, a quince de Octu- 
bre, de mil ochocicntos cuarenta y dos. 



[l. s. 
[l. s. 

fL.S. 



J. M. DE BOCANEGRA. 
G. INGUERAS. 
R. PAKENHA3I. 



Enclosure 3 in No. 43. 
SUB-CONVENTION, SIGNED BY MR. DOYLE, NOVEMBER 27, 1852. 

In -virtue of the convention signed En virtud de la convencion que se 

on the 4th of December, 1851,* be- firmo el dia 4 de Diciembre dc 1851* 

tween tlie minister for foreign affairs of i)or el cxcolentisimo scnor niinistro de 

the ^Mexican republic and her Britannic relaciones de la repiiblica 3Icxicana y 



.Sue Enclosure 5 ia No. 43. 



THE PRESENT CONDITION OF MEXICO. 



341 



Majesty's charge d'affaires in that re- 
public, it was agreed that twelve per 
cent, of the sums received at the mari- 
time custom-houses should be set apart 
for the payment of the three per cent, 
interest and of five per cent, destined 
to pay off the capital of the sums in- 
cluded in that convention, and that "if 
at the end of the year the amounts due 
for interest and for paying off the capi- 
tal should not be covered, the general 
treasury, without waiting for any 
further orders, was to pay the amount 
due with the first drafts it received 
from the maritime custom-houses." 

It has been ascertained that, in con- 
sequence of the revolutionary move- 
ments which have been for some time 
existing, and which unfortunately still 
exist in various parts of the reijublic, 
there will be a large deficit on the 4th 
proximo in the amount necessary to 
pay the sums stipulated upon in the 
aforesaid convention. With the view, 
however, of proving the entire good 
faith with wliich the Mexican govern- 
ment is resolved to carry the conven- 
tion of the 4th of last December into 
effect, and which has been partially 
delayed on the present occasion by the 
unforeseen circumstances above-men- 
tioned, a formal conference by previous 
appointment took place this day in the 
oftice of foreign affairs, the minister of 
that department, the minister of finance, 
and her Britannic Majesty's minister 
plenipotentiary being present, when 
the following agreement was come to, 
namely : 

That for the payment of the sums 
which may be ascertained to be due in 
the liquidation to be made on the 4th 
of next December, of the three per 
cent, interest, and of the five per cent, 
destined to pay off the capital under 
the English convention, there be set 
apart from that date a further sum of 
three per cent, of the import duties in 
the maritime custom-houses of Vera 
Cruz, Tampico, Acapulco, Manzanillo, 
Altata, and Guaymas, and in those of 
San Bias and Mazatlan, as soon as they 
return to the obedience they owe to the 
general government. 



el encargado de negocios de su Mages- 
tad Britanica en dicha republiea, se 
convenio que se sej)araria un doce por 
ciento de los derechos de importacion 
en las aduanas maritimas para pagar 
el tres por ciento de reditos y cinco por 
ciento de amortizacion de las sumas 
comprendidas en esa convencion, y que 
"si al fin del ano no estuvieran cubier- 
tas los intereses y el cinco por ciento 
de amortizacion, la tesoreria general, 
sin necesidad de nueva orden, cubriria 
el deficit con la primeras libranzas que 
recibiera de las aduanas maritimas." 

Mas habiendose reconocido que, a 
consecuencia de los movimientos revo- 
lucionarios que de algun tiempo a esta 
parte se ban presentado, y que por 
desgracia todavia existen actualmente 
en varios puntos de la republiea, habra 
un deficit considerable para completar 
la suma que corresponde al dividendo 
que se dcbia pagar el dia 4 del proximo 
Diciembre conforme a la citada con- 
vencion ; y con el fin de manifestar la 
absoluta buena fe que el gobicrno Mexi- 
cano quiere mostrar en el cumplimiento 
de la convencion del 4 de Diciembre 
ultimo, y que en esta ocasion se ha 
diferido parcialmente por las circun- 
stancias imprevistas ya mencionadas, 
se cito una conferencia fomtial, la cual 
se ha efectuado el dia de hoy en el 
ministerio de relaciones, estando pre- 
sentes los senores ministros de rela- 
ciones y de hacienda, y el seiior minis- 
tro plenipotenciario de su J\Iagestad 
Britanica, y se convino en el arreglo 
siguiente : 

Se destina para el pago de la canti- 
dad que por la proxima liquidacion re- 
sulte deberse a la convencion Inglesa, 
por el tres por ciento de reditos y cinco 
por ciento de amortizacion correspon- 
dientes al ano que termina el 4 de Dici- 
embre proximo, un tres por ciento mas 
de lo que tiene seiialado de los derechos 
de importacion que se causen en las 
aduanas maritimas de Vera Cruz, Tam- 
pico, Acapulco, Manzanillo, ALtata, y 
Gruaymas, y en las de San Bias y Ma- 
zatlan, cuando vuelvan el orden. 



342 



THE PRESENT CONDITIOX OF MEXICO. 



This increase of three per cent, will Este aumento del tres por ciento 

cease as soon as the deficit is made cesara en cuanto este cubierto el deficit 

good. espresado. 

[L.S.] PERCY W. DOYLE. [l.s.] M. YANEZ. 



Enclosure 4 in No. 43. 
THE OTWAY CONVENTION, SIGNED AUGUST 10, 1858. 



At a conference held between the 
undersigned minister plenipotentiary of 
her Britannic Majesty and the minister 
for foreign affairs of the Mexican re- 
public, with the object of drawing np 
in due form the new an-angements rela- 
tive to the fulfilment of the convention 
of 4th December, 1851, for the pay- 
ment of claims of British subjects 
against the national treasury, Avhich, 
by approval and sanction of his excel- 
lency the acting president of the re- 
l^ublic, were agTeed to on the 31st of 
last month, in confonnity with the con- 
tents of the confidential note addressed 
by the latter to the former on the same 
date, bearing in mind the previous cir- 
cumstances of this transaction, the ex- 
planations in various conferences with 
reference thereto, the statement given 
in writing on the 23d of the same 
month by Messrs. Martinez del Eio 
Brothers, as parties interested in the 
same convention and agents thereof, 
and moreover all that which was stated 
verbally by Messrs. Martinez del Rio 
in the last conference as to the losses 
and injuries sustained in consequence 
of the delays and want of punctuality 
in the payments, the large amount 
which on this account is due to them, 
and the rights to Avhicli, in virtue of 
the said convention, they are entitled, 
especially those conceded by article 
VII, of which they might take advan- 
tage, as the case provided against has 
now arisen, being desirous of not car- 
rying matters to this extremity, but, on 
the contrary, to conciliate inasmuch as 
possible the interests of the creditors 
with the distressed position of the 
national finances in consequence of the 
circumstances in which the country 



Eeunidos los infrascritos ministro de 
relaciones esteriores de la repiiblica 
Mexicana y ministro plenipotenciario 
de su Magestad Britanica con el objeto 
de extender en debida forma los aiTC- 
glos relatives al cumplimiento de la 
convencion de 4 de Diciembre de 1851, 
sobre pago de creditos de siibditos 
Ingleses contra el erario nacional que, 
con aprobacion de su excelencia el 
presidente interino de la repiiblica que- 
daron acordados desde el 31 del mes 
proximo anterior, segim la nota confi- 
dencial que el primero paso al segimdo 
en la misma techa, teniendo en con- 
sideracion los antecedentes de este ne- 
gocio, lo manifestado en diversas con- 
ferencias acerca do el, lo espuesto por 
escrito en 23 del mismo por los Seiiores 
Martinez del Rio, Hermanos, como in- 
teresados y agentes de la referida con- 
vencion, y cuanto de palabra espreso 
el Senor Martinez del Rio en la ultima 
conferencia sobre los daiios y perjuicios 
que ban" sufrido con ocasion de las dila- 
ciones y falta do puntual cumplimiento 
en el pago, la erecida suma que por tal 
motivo se les debe, y los derechos que 
por tal convencion les competen, espe- 
cialmente los que les dejo a salvo el 
articulo VII, de que pudierau hoy 
hacer uso por haber llegado el case 
previsto en el deseando no llevar las 
cosas a este estremo, sino conciliar 
cuanto sea posible los intereses de los 
acreedores con el estado angustioso del 
erario por h\6 circunstancias en que 
actualmente se encuentra la nacion, y 
aprovechando los buenos sentiniientos 
que siempre hau mostrado los espre- 
sados acreedores, aninuvdo el gobierno 
por su parte do los mas sinceros deseos 
de proteger, cuanto estJi a su alcance, 



THE PEESENT CONDITION OF MEXICO. 



343 



finds itself, and profiting by the favor- 
ble disposition always evinced by the 
said creditors, and, at tlie same time, 
the government being on their part 
animated by the most sincere desire to 
protect, in as far as may be in then- 
poAver, the interests of British subjects, 
have ajrreed as folloAV^ : 



los intereses de los siibditos Britanicos, 
han acordada los articulos siguientes : 



Article I. 

For the exact fulfilment, strict ob- 
servance, and iuA-iolability of the con- 
vention of December 4, 1851, regard- 
ing British claims, and with the view 
of repairing in some degree the injuries 
sustained by the parties therein con- 
cerned from the want of the punctual 
payment of the quotas assigned, all 
dividends which from this time forward 
shall be declared on account of interest, 
shall be so at the rate of six per cent, 
per annum in lieu of three and four as 
hitherto stipvxlated. 

Article IL 

The payments will continue to be 
made on the terms stipulated in the 
aforesaid convention, setting aside for 
that purpose the assigned quota of six- 
teen per cent, of the import duties of 
the maritime custom-houses, without 
any alteration or change Avhatever, and 
remitting the same in bills, as agreed 
upon, for delivery to Messrs. Martinez 
del Rio Brothers. 

Article III. 

The amounts Avhich have been omit- 
ted to be paid to the parties interested, 
and to which they have a just and in- 
disputable right, will be made good to 
them Avhenever the government shall 
possess sufficient means, it being im- 
possible to effect this at the present 
moment, in consequence of their urgent 
necessities and limited resources. 

Article IV. 

The aforesaid convention of the 4th 
of December, 1851, and all the provi- 
sions necessary for its exact fulfilment, 



Articulo I.. 

Para el exacto cumplimiento, estricta 
observancia, e inviolabilidad de la con- 
vencion de 4 de Diciembre, de 1851, 
sobre creditos Ingleses, y reparar de 
alguna manera los perjuicios que han 
sufrido los comprendidos en ella por 
falta de pago puntual de los cuotas 
seiialadas, todo dividendo que se haga 
desde esta fecha en adelante por cuenta 
de reditos sera a razon de seis por ciento 
al alio en vez del tres y cuatro que 
cstaba estipulado. 



Articulo II. 

Los pagos continuaran haciendose en 
los terminos espresados en dicha con- 
vencion, separandose al efecto en las 
aduanas maritimas sin variaciou la cuota 
fijada de diez y seis por ciento de los 
derechos de importacion, rcmitiendose 
en libranzas, como esta dispuesto, para 
su entrega a los Seuores Martinez del 
Itio, Hermanos. 



Articulo III. 

Las cantidades que han dejado de 
pagarse a los interesados, a que tieuen 
derecho justo e indisputable, les seran 
satisfechas cuando el gobierno tenga 
recuiTOS bastantes, no pudiendo verifi- 
carse desde luego por sus urgentes 
atenciones y las escasezes del erario. 



Articulo IV. 

Quedan en todo su vigor y fuerza la 
citada convencion de 4 de Diciembre 
de 1851, y las disposiciones que se 



THE PRESENT CONDITION OF MEXICO. 



remain in full force and vigor -witliout 
f'lirtlier alteration or change than what 
is expressly laid down and stipulated 
in the jjresent agreement as to the in- 
crease of interest, without its being in 
any way thereby understood to be 
modified, changed, altered, or with less 
force and vigor than heretofore, inas- 
much as that which is now agreed to 
is for the sole object and purpose, as 
already stated, of confirming and rati- 
fying the inviolability and punctual 
observance thereof; it will, conse- 
quently, hold the same force as though 
it had been literally inserted in the 
same, and Article VII thereof extended 
to the present agreement. 

In witness Avhereof, we, the said 
minister plenipotentiary of her Britan- 
nic Majesty and minister for foreign 
affairs of the republic of Mexico, have 
signed the present protocol, and have 
affixed thereto our respective seals. 

Done in the city of Mexico on the 
tenth day of the month of August, in 
the year of our Lord one thousand 
eight hundred and fifty-eight. 

[l. s.] L. C. OTWAY. 



hubieren dictado para su exacto cum- 
plimiento sin mas diferencia que lo es- 
presamente estipulado en el presents 
convenio sobre aumento de redito, no 
entendiendose por esto inovada, altera- 
da, 6 con menos valor que antes ; pues 
lo pactado ahora es como se ha dicho 
para confirmar y asegurar su inviola- 
bilidad y puntual observancia; tendra 
por tanto la misma fuerza que si literal- 
mente se hallara inserto en ella ; hacien- 
dose estensivo a este arreglo lo con- 
tenido en su Articulo VII. 



En fe de lo cual los espresados miu- 
istro de relaciones esteriores de la re- 
piiblica Mexicana y ministro plenipo- 
tenciario de su Magestad Britanica, 
hemos firmado y sellado con nuestros 
sellos respectivos al presente protocolo, 
en la ciudad de Mexico, a diez de 
Agosto, de mil ochocientos cincuenta y 
echo. 

[l. s.] J. M. DE CASTILLO Y 
LANZAS. 



Enclosure 5 in No. 43. 
THE DOYLE CONVENTION, SIGNED DECEMBER 4=, 1851. 

Habiendo el gobierno de la repiiblica Mexicana hecho presente la imposibilidad 
en que se eucuentra de cumplir ciertos convenios y arreglos que existen entre el 
gobierno Mexicano y varios siibditos Britdnicos, celebrados bajo la garantia de 
la legacion de su Magestad Britanica, porque la penuria del erario federal lo ha 
obligado a suspender el pago de las cnotas a que por aquellos convenios y arre- 
glos estaba obligado ; despues de largas y repetidas conferoncias en que se han 
examinado detenidamente el estado de las rentas do la rcpublica, las cuantiosas 
obligaciones que sobre ellas pesan, y lacouveniencia comun do fundar un arreglo 
sobi*e condiciones exiquiblcs y no sobre unas de dificil 6 inciorto cunqilimiento 
que ad(>mas del perjuicio que causarian a los acreedorcs podrian com})rometer la 
conserA'acion de la buena armonia que existe entre los gobicrnos de ambos paises, 
descando el de Mexico haccr justicia a las demandas de sus acreedorcs hasta 
donde se lo pcrmiten sus recursos y la obligacion y derocho de conscrvarse, y 
convenidos los acreedorcs en haccr el sacrificio de sus rcclamos bajo las bases de 
un arreglo tan eqiiitativo como lo jiermita la situacion pecuniaria dt'l gobienio 
contandose con la garantia y soguridad do (|uo sera oxactamente cumplido, los 
iiifrascritos ministro de relaciones do los Estados Unidos Moxicanos, autorizado 
por cl decreto do diez y sictc de Octubre del corriente ano, y oncargado de 
ncgocios de su Magestad Britanica, reunidos en confercncia diplomdticn han 
couvcnido en los articulos sijcuientcs : 



THE PRESENT CONDITION OF MEXICO. 345 



Articulo I. 

Los reclamantes interesados en las couvenciones y arreglos existentes ^iie 
corren con el nombre de la casa de jMartiuez del Eio liermanos, de Montgomery 
Nicod y Oompania, representados por la casa de Jecker y Compania y de con- 
vencion Pakenliam firmada el 15 de Octnbre de 1842, se presentaran a la 
tesoreria general para liacer la liquidacion de sus creditos con arreglo a este 
convenio, y la citada oficina lo verificara precisameute deutro del termiuo de 
treinta dias contados desde el de su feclia. 

Articulo II. 

El gobierno Mexicano se obliga a pagar auualmente cinco por ciento de amorti- 
zacion de ese fondo consolidado, y tres por ciento de iuteres anual calculado 
sobi'e la disminuciou progresiva que ocasiona la aniortizacion. 

Articulo III. 

El pago de las cantidades anuales que se destinan a la amortizacion e intere- 
ses de los creditos comprendidos en el presente convenio se verificara por 
semestres vencidos, en manos del comisiouado que al efecto nombraren los 
acreedores comprendidos en el. Para liacer efcctivas las estipulaciones con- 
tenidas en el articulo anterior, el gobierno Mexicano se obliga a consignar sobre 
el producto de los derechos de importacion que se cobren en las aduanas estab- 
Iccidas en los puertos de la repiiblica, un tanto por ciento bastante para cubrir 
el monto del cinco por ciento de amortizacion, y del tres por ciento de interes 
que se senala a los creditos comprendidos en el presente convenio. Para qne 
en ningun tiempo pueda diferirse 6 suspenderse el pago de ese cinco y tres por 
ciento, el gobierno Mexicano se obliga a pasar una urden a los administradores 
de la espresada renta, scnalandoles la cnota de los derechos espresados que 
deben remitir en libranzas separadas a la tesoreria general a favor de dicho 
comisionado, las cuales libranzas deberan serle entrcgadas en cuanto las reciba 
la espresada tesoreria. 

Si al fin del afio no estuvieren cubicrtos los intereses y el cinco por ciento de 
amortizacion, la tesoreria general, sin necesidad de nueva orden, cubrini el deficit 
con las primeras libranzas que reciba de las aduanas maritimas ; y el comisionado, 
por su parte, si Imbiese recibido mayor cantidad que la que importen los espresados 
intereses y amortizacion anual, devolvera a la tesoreria general el escedente. 

Articulo IV. 

El ministro de relaciones de la repiiblica pasara al encargado de negocios de 
su Magestad Britanica una copia de la orden que por el de hacienda se trasmita 
a los administradores de aduanas en cumplimiento del articulo anterior, la cual 
se considerara como si estuviese inserta y formara parte del presente convenio. 

Articulo V. 

Deseando el gobierno Mexicano dar pruebas inequivocas de la justicia y equi- 
dad con que se propone proceder en este arreglo, se obliga a mejorar la condiciou 
de sus acreedores, aumentaudo despiies del quinto aiio, contado desde esta fecha, 
el interes concedido al capital y a su amortizacion. En consecuencia, se obliga 
a pagarles el cuatro por ciento anual de interes y el seis por ciento anual de 
amortizacion al cumpfirse dicho quinto aiio, de tal manera que este aumento em- 
piece a correr desde el sesto. 

Articulo YI. 

Como el congreso Mexicano esta tratando de hacer una ley para el pago de la 
deuda interior, los interesados comprendidos en el presente convenio quedan cada 



346 THE PRESENT CONDITION OF MEXICO. 

uno cle ellos en libertad de trasladar sus creditos al fondo que en virtud de ella 
se creare, liaciendo saber gu resolucion al ministro de relaciones, C|uien la com- 
municara a la legacion de su Magestad Britanica. 

Articulo VII. 

Queda espresamente estipulado j convenido que en caso de qucbrantarse, sus- 
penderse, 6 diferirse por el tesoro Mexicano el cumplimiento de cualquiera de las 
obligaciones que contrae en presente convenio, queda este de lieclio auulado, j 
convenciones existentes. 

En fe de lo cual los espresados ministro de relaciones y encargado de negocios 
de su Magestad Britanica lo finnamos j sellamos con nuestros sellos respectivos, 
en la ciudad de Mexico, a 4 de Diciembre de 1851. 

[l. s.l PERCY W. UOYLE. 

L. s.] JOSi: F. RAMIREZ. 



THE SAYAS OR PADRE MARAN CONVENTION, SIGNED DECEMBER 6, 1851. 

Habiendo lieclio presente el gobierno de la republica Mexicana la imposibilidad 
en que se encuentra de cumplir ciertos convenios j arreglos que se celebraron 
entre el mismo gobierno j el Reverendo Padre Moran, apoderado de las Misiones 
Apostulicas de Eilipinas, de la orden de Santo Domingo, bajo la garanlia de la 
legacion de su Magestad Catolica, porque la penuria del erario federal le lia 
obligado a suspender el pago de las cuotas que por aquellos se asignaron para 
la estincion de varios creditos, despucs de largas j repetidas conferencias en que 
se ban examinado detenidamente el estado de las rentas de la republica, las 
cuantiosas obligaciones que sobre ellas pesan, j la conveniencia comun de fundar 
un arreglo sobre condiciones exequibles y no sobre unas de dilicil 6 iucierto 
cumplimiento, que ademas del peijuicio que causarian a los acreedores podrian 
suscitar dilicultadcs entre los gobiernos de Espana y de Mexico ; deseando este 
ultimo bacer justicia a las demandas de sus acreedores liasta donde se lo pormitan 
sus rccursos, y obligacion y dereclio de conservarse, convenido Don Cayetano 
Rubio, dueiio actual de los creditos que pertenecieron a las espresadas misiones, 
en liacer el sacrificio de sus derechos eutrando en una transacciou bajo las bases 
de un arreglo tan equitativo como lo permita la situacion pecuniaria del gobierno 
Mexicano, y con la garantia y seguridad de que sera exactamente cumplido, los 
infrascritos ministro de relaciones de los Estados Unidos Mexicanos, autorizado 
por el decreto de 17 de Octubre del corriente alio, y enviado extraordinario y 
ministro plcnipotenciario de su Magestad Catolica, reunidos en conferencia, ban 
convenido en los articulos siguientes : 

Articulo I. 

Don Cayetano Rubio, actual poseedor de los dreditos que pertenecieron .i los 
padres misioneros dominicos, comprendidos en los arreglos y convenios que cor- 
ren con el nombre do su apoderado el Reverendo Padre Moran, se presentarii a 
la tesoreria general para liacer la liquidacion de los espresados creditos con ar- 
reglo al presente convenio, y la citada oficina la verificara precisameute dentro 
del termino de treinta dias contados dcsde el de su fecha. 

Articulo II. 

El gobierno Mexicano se obliga a pagar anualmente oinco por cionto de 
amortizacion de ese fondo consolidado, y tres por ciento de intcres auuel calcu- 
lado sobre la dimiuucion progresiva que ocasione la amortizacion. 



THE PRESENT CONDITION OF MEXICO. 347 



Articui.o III. 

El pago de las cantidacles anuales que se destiiian a la amortizacion e intereses 
do los creditos comprendidos en el presente convenio, se verificara por semestres 
vencidos en manos de Don Cayctano Rubio. Para liacer efectivas las estipu- 
laciones contenidas en el articiilo anterior, el gobierno Mexicano se obliga a con- 
signar sobr^ el producto de los dereclios de importacion que se cobren en las 
aduanas establecidas en los puertos de la repiiblica un tanto por cieiito bastante 
para cubrirse el monto del cinco por ciento de amortizacion y del tres por ciento 
de interes que se seiiala a los creditos comprendidos en el presente convenio. 
Para que en ningun ticmpo pueda diferirse 6 suspenderse el pago de ese cinco y 
tres por ciento, el gobierno Mexicano se obliga a pasar una orden a los adminis- 
tradoes de la espresada renta, senalandoles la cuota de los dereclios espresados 
que deben remitir en libranzas separadas a la tesoreria general li favor de dicbo 
Seiior Rubio, las cuales libranzas deberan serle entregadas, en cuanto las reciba 
la espresada tesoreria. 

Si al fin del ailo no estuvieren cabiertos los intereses y el cinco por ciento de 
amortizacion, la tesoreria general, sin necesidad de nueva orden, cubrira el deficit 
con las primeras libranzas que reciba de las aduanas maritima.'?, y el Senor 
Rubio por su parte, si liubiere recibido mayor cantidad que la que importen los 
espresados intereses y amortizacion anual, devolvcra a la tesoreria general el 
escedente. 

Articulo IV. 

El ministro de relaciones de la repiiblica pasar^ al ministro plenipotenciario 
de su Magestad Catolica una copia de la orden que por el de hacienda se trans- 
mita a los administradores de las aduanas, en cumplimiento del articulo anterior, 
la cual se considerara como si estuviese inserta, y formara parte del presente 
convenio. 

Articulo V. 

Deseando el gobierno Mexicano dar pruebas inequivocas de la justicia y equi- 
dad con que se propone proccder en este arreglo, se obliga a mejorar lacondicion 
del credito a que se refiere, aumentando despues del quinto ano, contado desde 
esta fecba, el interes concedido al capital y a su amortizacion. En consecuencia, 
se obliga a pagar al Senor Don Caytano Rubio, el quatro por ciento anual de 
interes, y el seis por ciento anual de amortizacion, al cumplirse diclio quinto ano, 
de tal manera qu.e este aumento empiece a correr desde el sesto. 

Articulo VI. 

Como el congreso Mexicano esta tratando de hacer una ley para el pago de 
la deuda interior, Don Cayetano Rubio queda en libertad de trasladar los credi- 
tos a que se refiere el presente convenio al fondo que en virtud de ella se creare, 
liaciendo saber su resolucion al ministeiio de relaciones, quien la comunica a 
la legacion de su Magestad Catolica. 

Articulo VII. 

Queda espresamente estipulado y convenido, que en caso de quebrantarse, 
suspenderse 6 diferirse por el tesoro Mexicano el cumplimiento de cualquiera de 
las obligaciones que contrae en el presente convenio, queda este de becho anul- 
ado, y el Senor Rubio restituido en el goce de los derecbos adquiridos en los 
arreglos y convenciones celebradas con el Reverendo Padre Moran. 



348 THE PRESENT COXDITIOX OF MEXICO. 

En fe de lo cual, espresados Ministro de relaciones de la repiiblica Mexicana, 
J enviado estraordinario j ministro plenipotenciario de su Magestad Catolica, 
lo firmanios j scllamos con nuestro sello respectivo, en la cindad de Mexico, a 
seis de Diciembre de mil ocliocieutos ciucueuta y uno. 

[l. s.] JOSE F. EAMIREZ. 

\L. s.l JUAN ANTONIO Y ZAYAS. 



[Translation which, mutatis mutandis, will serve for both conventions.] 

The Mexican government ha\nng declared the impossibility of its fulfilling 
certain conventions and agreements Avhich exist between it and various British 
subjects, entered into under the guarantee of her Britannic Majesty's legation, 
on account of the state of penury of the federal treasury, which has caused it 
to suspend the payment of" certain quotas set apart for the payment of those 
conventions and agreements, after long and repeated conferences, in "which the 
state of the revenue of the republic has been carefully looked into, the numer- 
ous obligations by which it is boimd, and the advantage to both parties to enter 
into an arrangement founded on conditions which can be carried out, and not on 
such as may be of difficult or uncertain execution, which besides the prejudice 
they would cause to the creditors themselves, might compromise the preservation 
of the good harmony Avhich exists between the governments of both countries ; 
and beiug, moreover, desirous of doing justice to the demands made by its cred- 
itors, as far as its resources and the obligation and right it has to preserve its 
existence will permit, and its creditors being willing to make the sacrifice of 
their demands in favor of an arrangement based upon as equitable terms as the 
situation of the finances of the country will permit, counting upon the guaran- 
tee and security that it will be faithfully carried out, the undersigned, minister 
for foreign affiiirs of the United States of Mexico, authorized by the decree of 
17th October of the present year, and her Britannic Majesty's charge d'aflfau-es, 
having met together in a diplomatic conference, have agreed upon the following 
articles : 

Article I. 

The creditors interested in the existing conventions and arrangements known 
under the name of the house of Martinez del Rio Brothers ; of Montgomery, 
Nicod & Co., represented by the house of Jecker & Co.; and of the convention 
signed by Mr. Pakenham on the 15th of October, 1842 — shall present 
themselves at the general treasury to settle the amount of their credits, ac- 
cording to the terms agreed upon in this convention, and that aniount shall be 
fixed precisely within the term of thirty days, counted from the day on which 
this convention is signed. 

Article II. 

The Mexican government obliges itself to pay yearly a sinn of five per cent, 
for the purpose of paying off the capital of this consolidated fund, and three per 
cent, a year for interest upon it, calculated on the gradual decrease of the amount 
of the fund caused by the paying off of the capital. 

Article III. 

The payment of the sums destined to pay off yearly the capital and interest 
of the credits included in the present convention shall take place every six 



THE PRESENT CONDITION OF MEXICO 349 

montlis through a commissioner appointed for that purpose by the creditors in- 
terested in the convention. 

To render effective the stipulations contained in the preceding article, the 
Mexican government obliges itself to assign from the produce of the importa- 
tion duties collected in the custom-houses established in the ports of the repub- 
lic, so much per cent, as may be sufficient to cover the amount necessary for 
paying the five per cent, destined to pay oif the capital and the three per cent, 
interest allotted to the credits included in the present convention. 

To prevent any delay or suspension at any time taking place in the payment 
of the five and three per cent, above mentioned, the Mexican government obliges 
itself to send an order to the collectors of the aforesaid revenue, stating to them 
the amount of the aforesaid duties to be scut in separate drafts to the general 
treasury in favor of the aforesaid commissioner, which drafts are to be made 
over to him as soon as they are received at the treasury. 

If at the end of the year the amounts due for the interest and for paying off 
the capital are not covered, the general treasury, without waiting for any fur- 
ther order, shall pay the amount due with the first drafts it receives from the 
maritime custom-houses ; and tlie commissioner, on his part, if he should have 
received more than is necessary for paying off the yearly amount of the capital, 
and the interest agreed upon, shall return the surplus to the treasury. 

Article IV. 

The minister for foreign affiiirs of this republic shall send to her Britannic 
Majesty's charge d'affaires a copy of the order which the minister of finance 
sends to the collectors of the custom-houses in fulfilment of the preceding arti- 
cle, which article shall be considered as having been inserted in and forming 
part of the present convention. 

Article V. 

The Mexican government being desirous of giving unequivocal proofs of the 
justice and equity with which it intends to act in this arrangement, obliges itself 
to better the condition of its creditors, by increasing from the fifth year, counted 
from the present date, the interest granted for the capital, and the sum allotted 
for paying it off. 

It consequently obliges itself to pay four per cent, interest a year, and to al- 
low six per cent, a year for paying off the capital from the end of the fifth year, 
that is to say, that this increase is to take place from the beginning of the sixth 
year from the present date. 

Article VI. 

As the Mexican congress is about to pass a law for the purpose of paying off 
the internal debt, the persons interested in the present convention are all and 
each one at liberty to transfer their credits into the fund Avhicli may be created 
for the above purpose, making their intention known to the minister of foreign 
affairs, who will communicate it to her Britannic Majesty's legation. 

Article VII. 

It is especially stipulated and agreed that, in the event of any part of the ob- 
ligations contracted by the present convention being broken through, or their 
fulfilment delayed or suspended by the Mexican treasury, this convention be- 
comes at once thereby annulled, and the creditors restored to the possession of 
the rights acquired in the conventions and arrangements already existing. 



350 THE PKESEXT COXDITIOX OF MEXICO. 

In witness -whereof we, the aforesaid minister for foreign affairs of the Mexi- 
can republic, and her Britannic Majesty's charge d'affaires, have signed and 
sealed the above convention Avith our respective seals. 

Done at Mexico, the fourth day of December, one thousand eight hundred 
and fifty-one. 



L. s. 
L. s. 



PERCY W. DOYLE. 
JOSE J. RAMIREZ. 



Enclosure 6 ia No 43. 



Custom-liouse order which formed part of the Doyle and Padre Moran conven- 
tions, though not issued till two months after the ratification of the two con- 
ventions. 

Secretaria de Estado y del Despacho de Hacienda, Seccion 2, Num. 37. 

Para que tengan su puntual cumplimiento las convenciones celebradas en 4 
y 6 de Diciembre del ano proximo pasado con el Sefior Encargado de Negocios 
de su Magestad Britanica y el excelentisimo Sefior Enviado Extraordinario de 
su Magestad Catolica sobre la amortizacion gradual y pago de intereses a razon 
de 3 por ciento anual de los creditos reconocidos por el gobierno a favor de 
varios siibditos Ingleses, y del que tienen contra el erario las misiones de 
Filipinas representadas por el Reverendo Padre Fr. Jose M. Moran, y pertene- 
ciente hoy a Don Cayetano Rubio, el excelentisimo Senor Presidente ha tenido 
a bien disponer que esa tesoreria general prcA'cnga a las aduauas maritimas 
que de los derechos de importacion que se causen en ellas, separen el 12 por 
ciento que es lo que por ahora se necesita para la indicada amortizacion y pago 
de reditos ; remitiendo su importe sin demora de ninguna clase ;i esa tesoreria 
general en libranzas pagaderas a los plazos c'el arancel a favor de los Seuoi-es 
Martinez del Rio hennanos, quiencs las recibira de esa oficina para dar a su 
importe la aplicacion correspondiente como comisionados nombrados al efecto 
por los respectivos acreedores, llevaudose por easa propia tesoreria la cuenta 
respectiva de las sumas que se abouen en cuenta de los mencionados creditos, 
previa la con-espondiente liquidacion de sit monto. Como por las circunstancias 
en que aun se encueutra el Estado de Yucatan no es posible que por ahora se 
haga en las aduanas mai-itimas de Campeche y Sisal la separacion del indicado 
12 por ciento por la diminucion que sufririan los reciu'sos desthiados a las tropas 
ocupadas en la guerra contra los indfgeuas, el excelentisimo Sefior Presidente 
ha dispuesto que entretanto las espresadas aduanas pueden hacer la remision 
del repetido 12 por ciento den unicamente noticia a esa tesoreria, cada mes, de 
lo que importe la misma cuota para que lo reintcgre la aduana de Vera Cruz 
por cuenta de la parte libre para el gobierno de los derechos de importacion. 
Deseando el excelentisimo Senor Presidente que lo estipulado en las men- 
cionadas convenciones sea exactamente cumplido como exige el decoro de la 
nacion, ha dispuesto que V. SS. encarguen muy particularmente a los adminis- 
tradores de las aduanas maritimas respectivas, la puntual observancia de las 
prevenciones precedentes sin distraer para ningun otro objeto las cantidades 
pertenecientes al fondo de que se trata, en el concepto de que su excelencia A-eni 
con desagrado cualquiera omision 6 descuido que note en el particular, y tomani 
en el caso las providcncias que convengan. Todo lo que de ordeu suprema 
comunico a V. SS. para su inteligencia y tines indicados. 

Dios y libertad. 

Mexuo, Fchrcro 9 dc 1S52. 

(Firraado) M. DE ESPARZA. 

Sefiores Minmstros de la Tesoreria General. 



THE PRESENT CONDITION OF MEXICO. 351 

[Translation ] 
Department of Finance, Section 2, No. 37. 

Mexico, Fehruary 9, 1852. 

To give full force aud effect to the conventions whicli were concluded respec- 
tively on the 4th and 6th of December, 1851, by her Britannic Majesty's 
charge d'affaires and her Catholic Majesty's envoy extraordinary, in reference 
to the sinking funds and three per cent, interest, destined to pay off gradually 
certain British claims which have been recognized by the government, as well 
as those of the Philippine missionaries, represented by the Reverend Francis 
J. Moran, and now in the hands of Mr. Rubio, his excellency the president has 
been pleased to ordain that the general treasury do make known to the maritime 
custom-houses that 12 per cent, of the import duties is to be set apart for the 
present requirements of the sinking funds and interest of both conventions, the 
amount produced by this 12 per cent, to be remitted without any kind of delay 
to the general treasury by bills payable, as the custom-house tariff directs, in 
favor of Messrs. Martinez del Rio, the appointed agents of the respective cred- 
itors, who will receive these bills from the treasury and apply them to the 
purposes for which they are intended, the treasury having, prcAaous to their 
liquidation, taken an account of the several sums thus handed over for the pay- 
ment of the above-mentioned credits. 

Owing to the present state of Yucatan, it will be impossible for the moment 
to set aside 12 per cent, of import duties in the maritime custom-houses of Cam- 
peche and Sisal, as this would tend to diminish the resources required for the 
maintenance of the troops now engaged in the Yucatan war, and consequently 
his excellency the president has further ordained that, until the said custom- 
houses are in a position to make this assignment of 12 per cent, they are simply 
to notify to the treasury every month the amount that it has actually produced, 
and the equivalent will then be paid from the free portion of the revenue at the 
custom-house of Vera Cruz. 

The president wishes that the stipulations of the above-mentioned conventions 
should be carried out in a manner befiting the national honor. The authorities, 
therefore, of the several custom-houses must be especially enjoined punctually 
to carry out the conditions of this order, and in no case to employ for other 
purposes the moneys belonging to the convention funds, as any omission or 
shortcomings on their part would cause his excellency displeasure, and oblige 
him to act accordingly. 

All which I am commanded to communicate to the general treasury for their 
guidance in carrying into effect the above order. 

God and liberty. 

M. DE ESPARZA. 

The Commissioners of the General Treasury. 



Enclosure 7 in No. 43. 
Messrs. Martinez del Rio to Mr. MatJiew. 

Mexico, May 24, 1861. 

Sir : We beg leave to request that you will have the goodness to inform us 
whether the additional five per cent, assigned in virtue of the an'angement made 
by Captain Aldham for repaying the amount taken by the Mexican government 



352 THE PRESENT COXDITION OF MEXICO. 

is to be applied exclusively to tlie Britisli convention, or to that of the Padre 
Moran as well 1 

As the money seized by the Mexican government belonged to the two con- 
ventions, and the extra assignment was intended to repay that money, we are 
in doubt how the said five per cent, is to be considered, and shall feel much 
obliged by your informing us in Avhat manner we are to act. 
We have, &c., 

MARTINEZ DEL RIO, 
Agents for the British Convention. 



Enclosure 8 in No. 43. 
ili)'. MatJieio to Messrs. Martinez del Rio. 

Mexico, Maij 24, 1861. 

Gentlemen : In reply to your letter of this date, I have no hesitation in 
stating that the steps taken by Captain Aldham, at my request, Avith- respect to 
the repayment of the sums due to the British convention, referred solely to that 
fund and not to the convention of the Padre Moran, of which you happen to be 
also agents, and which is, I believe, under Spanish protection. 
I am, &c., 

GEORGE B. MATHEW. 



Enclosure 9 in No. 43. 

The Minister of Finance to Messrs. Martiiiez del Rio. 

[Translation.] 

Mexico, June 14, 18G0. 

In reply to your communication of the 5th instant, respecting certain bonds 
issued to Mr. Henry Dalton by the general treasury as if belonging to the 
British convention, the sitpreme government has desired me to tell you that 
there are dociiments existing in this department proving that, by the consent 
of Mr. Dalton himself, the bonds which Avere issued to him could in no Avay 
affect the British convention fund; consequently, this gentleman may present 
himself before the supreme government whenever he likes to do so, and establish 
the right of his claim, it being understood that such claim, be its present con- 
dition what it may, cannot afiect the interests of the aforesaid convention. 

God and liberty. 

TOVAR. 



No. 44. 
Sir C. Wi/hc to Lord J. Rmsell. 

Mexico, August 27, 1861. 

Mv Lord : During the past montli the position of affairs has not materially 
changed in this country, where the hatred and contempt felt for the government 



THE PRESENT CONDITION OF MEXICO. 353 

seem daily to increase. Murders and robberies continue to be perpetrated with 
the greatest impunity, and the precincts of a legation have not saved the French 
minister from an attack on his life, as already reported to your lordship in a 
former despatch. 

On the 3d instant the diligence arrived from Pachuca containing a wounded 
Frenchman, who subsequently died, and the dead body of poor Mrs. Chawner, 
a pretty young Englishwoman of only twenty-four years of age, Avho, with her 
husband, was coming to Mexico from the mines of Real del Monte, where he 
has been employed for some time past as a laborer. They Avere attacked by 
robbers at about six leagues from this city, who, having been beaten off by the 
other passengers, have not again been heard of. Since then, an Englishman of 
the name of Mathews has been stabbed in one of the most frequented streets of 
this capital, and other foreigners have been similarly assaulted, but no further 
deaths have occurred that I am aware of. In all these cases the assailants have 
come off with perfect impunity, and the government has not even had thp de- 
cency to express regret for these outrages, which they are apparently unwilling 
or unable to prevent. 

A more disgraceful state of things than that now existing here it is impossible 
to conceive in any country pretending to call itself a civilized nation. Mrs. 
Chawner was the daughter of Stephen Bennett, who was murdered at Pachuca 
in the month of April last. 

General Ortega, who, at the head of a considerable force, has for the last two 
months been vainly endeavoring to put down the rebellion, at length surprised 
Marquez at Jalatlaco on the night of the 12th or 13th instant, when he suc- 
ceeded in capturing some gims and making seventy or eighty prisoners, Marquez 
escaping in the confusion, with the rest of his forces. 

Instead of following up his success, Ortega immediately returned to Mexico, 
and thus left Marquez at liberty to reorganize his defeated troops and effect a 
junction with Mejia, and they both now hold their old position with between 
6,000 and 7,000 men. 

The friends of Ortega have taken advantage of his pretended success to bring 
him forward us a candidate for the presidency, and, as all jiarties are thoroughly 
disgusted with Juarez, it is not improbable that they may succeed, if any legal 
means can be found of getting rid of the latter. Congress has been summoned to 
meet on the 30tli, when, doubtless, some effort will be made in the sense indicated. 

In the meantime Don Ignacio Comonfort, ex-president of the republic, has 
arrived at Monterey, and is supposed to be iutriguiiig with Doblado, Vidaurri, 
and several other governors of States in that part of the country, to put himself 
at the head of a coalition Avhicli Avould be strong enough, could Marquez and 
Mejia, as chiefs of the reactionary party, be got rid of, to upset Juarez and 
counteract Ortega. Many people assert that Doblado, Avho is governor of Guana- 
juato, and, as such, at the head of 8,000 men, is Avorking for himself and using 
Comonfort as a tool; but I believe nobody here knoAvs really Avhat is going on, 
except that all feel certain that something is about to occur, for the present state 
of things cannot last much longer. 

The civil Avar now raging, and the Aveakness of the government, have encour- 
aged the Indian population to rise against the whites at Ixmiquilpam, about 
twenty leagues from here, where they liaA^e committed dreadful atrocities, thus 
adding a ncAv element of discord and misery to those already existing. This 
movement, if not at once checked, may lead to terrible results, as the immense 
majority of the inhabitants of this republic belong to the Indian race, AA^hich, if 
properly led, is quite strong enough utterly to exterminate the degenerated and 
Adtiated descendants of the old Spanish conquerors. 

The tax on capital now being levied, of Avliich I have treated in a separate 
despatch, has only tended still further to discredit the government and increase 
the number of its enemies, as nobody noAV can tell Avhen he may not be called 
H. Ex. Doc. 100 23 



354 THE PKESENT CONDITION OF MEXICO. 

on to supply the necessities of an administration wMcli is as rapacious as it is 
dishonest and incapable. 

The decree of the 17th ultimo has had the effect of paralyzing all business at 
Vera Cruz, where the merchants refuse to remove their goods from the custom- 
house, and the government is thus deprived of the duties -which they expected 
to obtain free from any encumbrance. 

All the respectable classes look forward Avith hope to a foreign intervention 
as the sole means of saving them from ruin, and preventing a dissolution of the 
confederation, as well as a general rising of the Indians against the white popu- 
lation. If either Great Britain or France adopt coercive measures to obtain 
redress for the violation of the conventions, and the many other grievances we 
have to complain of, then the moderate party may take courage and be able to 
form a government which would afford some hope for the fnture ; bxit without 
such moral support and assistance they are afraid to move, and will remain the 
victims of the two contending factions, whose dissensions have already caused 
so much misery and bloodshed. 
I have, &c., 

C. LENNOX WYKE. 



No. 45. 
Earl Russell to Earl Coidcy. 

[Extract. ] 

FoREiGX Office, September 30, 1861. 

To forcible interference in the internal affairs of an independent nation her 
Majesty's government are, on principle, opposed. It remains to be considered 
whether ^Mexico forms an exception to the general rule. 

Undoubtedly, in regard to the CA^ils to be remedied, fcAv cases of internal 
anarchy, bloodshed, and mm-dcr can exceed the atrocities perpetrated in Mexico. 
But, on the other hand, there is no case in which a remedy by foreign inter- 
ference appears so hopeless. 

The contending factions are spread over a vast extent of country ; they do not 
obey any one, two, or three chiefs, but are split into fragments, each of which 
robs, pillages, and murders on its own account. No tbreign army woidd be 
likely to establish any permanent or pervading authority over these scattered 
bodies. 

In the next place, the Spanish troops, which fonn the most available force for 
the occupation of any forts or positions Avhich may be taken, are peculiarly an 
object of dislike and apprehension to one of the two parties which divide the 
coimtry. This dislike arises from a fear that the power of a dominant church 
might be restored, with the abuses and religious intolerance which accompany 
it. For opposite reasons British interference would be just as odious to the 
church party. 

I may add to these reasons the universal alann which Avoidd be excited, both 
in the United States and in the southern States, at the contemplation of European 
interference in the domestic quarrels of an American independent republic. 

AVitliout at all yielding to the extravagant pretensions implied by what is 
called the ^lonroe doctrine, it would be, as a matter of expi'dii'ucy^ unwise to 
provoke the ill-feeling of North America, unless some paramount object were in 
pros])ect and tolerably sure of attainment. 

The Spanish government are of opinion that the successful action of Great 



THE PEESENT CONDITION OF MEXICO. 355 

Britain, France, and Spain, to enforce their just demands, would induce the Mex- 
icans to institute a government more capable than any which has lately existed 
to preserve the relations of peace and friendship with foreign poAvers. Should 
such be the indirect effect of naval and military operations, her Majesty's gov- 
ernment Avould cordially rejoice ; but they think this effect is more likely to 
follow a conduct studiously observant of the respect due to an independent na- 
tion, than to be the result of an attempt to improve by foreign force the domestic 
institutions of Mexico. 



No. 46. 

Earl Cowley to Earl Russell. 

[Extract.] 



Paris, October 2, 1861. 

M. Thouvenel liaAnng been in the country when I received your lordship's 
instructions to communicate to him your despatch of the 27tli ultimo, containing 
an account of a conversation Avhich you had had Avith Mr. Adams on the affjiirs 
of Mexico and the views of her Majesty's government as to the course Avhich 
should be pursued, I sent him a copy of it. 

An opportunity for seeing him did not occur mitil to-day, and I had in the 
meantime received your lordship's despatch of the 30th ultimo, relating to the 
employment of a foreign force in that country, Avhich 1 read to his excellency 
before our conversation commenced. 

M. Thouvenel said that he had made no proposal to impose, or to influence 
by an armed force, an arbitration in the internal affairs of Mexico. He had 
thought it A'ery likely that the employment of force for those legitimate pur- 
poses Avhich the British and French goA-crnment« had in a^Icav might encourage 
the Avell-disposed part of the Mexican people, avIio might feel the gall of the 
yoke to Avhich they Avere subjected, to profit by the moment to throAv it off and 
to substitute something better in its place ; and he must confess that, should 
such turn out to be the case, he did not see Avhy a moA'ement of the kind, if it 
proved to be decidedly popular, should not receive the support of the poAvers 
Avho had come to Mexico to seek from an acknoAvledged bad gOA^ernment redress 
for injuries done to their subjects and for A'iolated engagements tOAvards them- 
seh'es. 

While, therefore, partaking in principle your lordship's A'iews, and admitting 
the inexpediency of forcible interference in the internal affairs of an independent 
nation, he drew a distinction between forcible interfei-ence and the indirect 
encouragement, arising out of the presence of forces called to those shores for 
other purposes, gi\'en to the Mexican people to emerge from an odious tyranny. 



No. 47. 
Earl Russell to Earl Cowley. 



Foreign Office, Octoler 5, 1861. 
My Lord : I haA-e to acquaint your excellency that the Queen is prepared to 
enter into a convention Avith France and Spain, the object of Avhich would be to 
secure the fulfilment by the government of Mexico of its obligations towards 



356 THE PEESENT CONDITION OF MEXICO. 

the respective goyermnents, and to obtain redress for injuries done in Mexico to 
their respective subjects. 

In the opinion of her Majesty's government it would be proper to insert in 
anj such convention a stipuLition providing that the forces of the contracting 
parties shall not be employed for any other objects than those which I have 
specified, and especially that they shall not interfere with the internal govern- 
ment of Mexico. 

Her J\lajesty's government consider that the government of the United States 
should be invited to adhere to any such convention ; but they Avould not think 
it necessary that, in anticipation of meeting with the concurrence of the United 
States, the three powers should defer the commencement of the contemplated 
operations against Mexico. 

If the government of the Emperor should be willing to enter into such a 
convention as I have described, a draught of it shall forthwith be sent to your 
excellency for communication to M. Thouvenel. 

I have directed Sir John Crampton to make a similar overture to the Spanish 
government. 

I am, &c., 

RUSSELL. 



:N'o. 48. 
Earl Russdl to Sir J. Crampton. 

Foreign Office, October 5, 1861. 

Sir : I have to acquaint yoxi that the Queen is prepared to enter into a con- 
vention Avith France and Spain, the object of which would be to seciu'e the 
fulfilment by the government of Mexico of its obligations toAvards the respective 
governments, and to obtain redress for injuries done in ]\Icxico to their respective 
subjects. 

In the opinion of her Majesty's government it Avould be proper to insert in 
any such convention a stipulation providing that the forces of the contracting 
parties should not be employed for any other objects than those Avhich I have 
specified, and especially that they should not interfere Avith the internal gOA^em- 
ment of Mexico. 

Her Majesty's government consider that the goA'crnment of the United States 
should be invited to adhere to any such convention ; but they Avould not think 
it necessary that, in anticipation of meeting Avith the concurrence of the United 
States, the three poAvers should defer the commencement of the contemplated 
operations against Mexico. 

If the goAernment of her Catholic Majesty should be Avilling to enter into such 
a convention as I have described, a draught of it shall fortlnvith be sent to you for 
communication to Marshal O'Donncll. 

I have directed Earl CoAvley to make a similar overture to the French goveni- 
ment. 

I am, &c., 

RUSSELL. 



THE PRESENT CONDITION OF MEXICO. 357 

No. 49. 
Sir J. Crampton to Earl Russell. 

San Ildbfoxso, Scptemher 21, 1861. 

Mv Lord : On the receipt of your lordship's telegram I lost no time in 
making the inquiry therein directed, as to whether the Spanish government 
Avould object to ask the United States to act in concert with England and 
France in relation to the fiflFairs of Mexico. 

Marslial O'Donnell, Avithout saying anything which implied an opinion that 
the co-operation of the United States in this matter Avould in itself be objection- 
able, observed that the government of that country was probably too much 
engrossed in its internal affairs to be able at the present moment to direct its 
attention elsewhere ; and added that the Spanish government, which had 
already displayed great patience under extraordinary provocation, could at all 
events not now postpone the measures Avhich it had determined to adopt, and 
which were called for by the country in vindication of its rights. 

Spain, the marshaV observed, by inviting England and France to join with 
her in a common line of action in Mexico, had given suificient proof that she did 
not desire to secme to herself any exclusive advantages in that country, and still 
less that she designed to avail hei'self of its distracted condition with a view to 
the conquest or reannexation of any part of it. 

In his opinion nothing could be more detrimental to the true interests of Spain 
than the recovery of her ancient possessions in America ; whatever may have 
been the sentiments of former governments of Spain, a sounder view of this 
matter Avas noAv, he thought, Avell established in the minds of all persons Avho 
had duly reflected upon the subject. With regard to Cuba and the Philippines 
it Avas different, because their insular position and other circumstances still 
I'endered their position advantageous to the mother country ; but to seek to 
extend lier dominion on the continent of America Avould be a most mistaken 
policy for Spain, ca'cu if circumstances were to faA'or its practicability. The 
recent acquisition of Spain in Santo Domingo might, his excellency remarked, 
appear to be a deviation from this principle ; but the proximity of Santo Domingo 
to Cuba rendered it a point from Avhich the safety of the latter might be menaced 
Avere it to fall into the hands of parties hostile to Spain. 

I took occasion to remark that, although I was not in possession of your 
lordship's vicAvs upon this subject, further than they might be inferred from 
the question I had just put to his excellency, there Avere circumstances which, 
in my opinion, rendered it desirable that the government of the United States 
should, at all events, be invited to act in concert Avith the European poAvers in 
regard to Mexico. The extreme jealousy felt by every political party in America 
in regard to intervention or interference of any sort by European poAvers in the 
affairs of the Ncav World Avas Avell knoAvn. Her Majesty's government, it was 
true, could never recognize Avhat Avas commonly called the "Monroe doctrine," 
nor did I believe that any other European government Avas likely to subscribe 
to it. But the repeated announcement of this maxim by successive Presidents 
of the United States as a fundamental principle of their policy, and its eager 
acceptance as such by the American people, rendered it sufficiently evident that 
European intervention in the affjiirs of Mexico Avould be vicAved by them as an 
infringement of an imagined right, and if noAv undertaken Avithout their being 
consulted, and at a time Avhen it Avould appear to them that advantage was 
taken of their internal troubles to make light of their influence, and perhaps to 
realize projects repugnant to their political sympathies, a strong feeling of 
resentment Avould not fail to be created, in Avhicli both sections of the noAv 
divided Union Avould concur. Although this feeling might not, under present 



358 THE PRESENT CONDITION OF MEXICb. 

circumstances, manifest itself in measures of actual laostilitv, influences could, 
nevertheless, be brought to bear by parties in the United States upon the 
affairs of Mexico, sufficiently powerful to cause embarrassment to Spain or any 
other EurojDean power which had a political object to achieve in that country. 

Marshal O'Donnell did not deny that there was some force in these con- 
siderations, and replied that as it was no part of the design of Spam to take 
advantage of the powerless condition of the United States with a A'iew of either 
reconquering Mexico or of re-establishing monarchy there, he did not see that 
there existed any positive objection to the concun-ence of the United States in 
the measures proposed by Spain, With regard to the expediency, however, of 
a proposal to that effect being made by Spain to the United States, he would 
request me to speak with M. Calderon Collantes, when the question would be 
brought by that minister under the immediate consideration of the cabinet. 

On communicating with M. Calderon Collantes I found his excellency in no 
way indisposed to take the subject into consideration, and he promised shortly 
to inform me of the decision of the cabinet, M, Calderon did not seem to an- 
ticipate any objection to the proposal of her Majesty's government to invite the 
United States to join in a common line of action with Great Britain, France, 
and Spain. His excellency, however, made the same reserve, as Marshal 
O'Donnell had done, viz : that Spain could in no case postpone her action in 
order to secure the co-operation of the American government, 
I have, &c., 

JOHN F. CRAMPTON. 



No, 50. 

Sir J. Cra7nj)ton to Earl RusscIL 

[Extract ] 

San Ildefonso, Bcptemher 24, 1861. 

I took the earliest opportunity after the receipt of your lordship's telegram to 
call Marshal O'Donnell's attention to the rights of her Majesty's government 
upon the customs revenue of Vera Cruz and Tampico. 

These rights, I observed, Avere sanctioned by a convention with Mexico ; and 
her Majesty's government had claimed of the Mexican government that the 
customs of those ports should be placed under the control of British commis- 
sioners with a view to the satisfaction of British claims, it being understood that 
those commissioners should also pay the sums due by ]Mexico to other nations, 
and Avhich Avere guaranteed by mortgage on the revenues of the same customs, 

I added that I made this communication by direction of her Majesty's gov- 
ernment, in order to avoid any misl^nderstanding which might arise in regard to 
the rights of Great Britain at Vera Cruz and Tanq)ico in case Spain should 
find it necessary to take military possession of those ports. 

Marshal O'Donnell replied that in case it Avas found necessary to occupy 
Vera Cruz and Tanqiico, and that such occupation Avas etl'ected by the combined 
action of England, France, and Si)ain, as he hoped Avould be the case, the three 
powers Avould haA'e no difficulty in apportioning their respectiA'c claims upon 
the customs revenues there collected under their autliority. If, on the other 
hand, Spain Averc to act alone and to hold possession of Vera Cruz and Tampico, 
she Avould not on that account be the less ready to recognize, and to the best of 
her poAver enforce, the legitimate rights Avhich Great Britain and otiier friendly 
poAvers might have previously acquired there. As matters noAV stood, it ap- 



THE PRESENT CONDITION OF MEXICO 359 

pearecl that Mexico, by an act of her congress, had repudiated the claims of all 
nations upon her custom-hovise revenues, and consequently the blockade or 
military occupation of her ports by Spain could not, by causing a suspension of 
commerce, place the interests of the parties to whom their customs revenue was 
pledged in a worse position than they now were ; but if Spain Avere thus enabled 
to Qnforce her own claims, she would undoubtedly respect those of other nations. 

Marshal O'Donnell expressed the opinion that if England, France, and Spain 
were to combine their forces no resistance would be attempted by Mexico. If 
Spain acted alone it might be otherwise, and this made him desire that a com- 
mon line of action might be agreed upon. 

This being his view, I inquired whether the Spanish government would not 
consent to defer its action until Great Britain and France could concert together 
as to the best measures to be taken. 

Marshal O'Donnell replied that paramount considerations rendered it impos- 
sible for Spain to consent to delay the measures she had decided iipon beyond 
the period which he had previously mentioned to me, viz : the begiiming of 
November, before which time naval or military operations on the coasts of 
Mexico could not be undertaken, on account of the prevalence of the yellow 
fever and the West India hurricanes. 

The grievances of which the Spanish government had to complain were of 
long standing, and they had waited with patience for more than six months in 
the vain hope of some satisfaction for them being afforded, and more especially 
for the indignity offered in the dismissal of the Spanish minister from Mexico. 
Cortes would assemble in the course of next month, and the Spanish government 
would be unable to justify themselves before that body and the nation if they 
were to defer, beyond what was rendered necessary by material obstacles, the 
vindication of its rights and dignity. 

This inevitable delay would, however, he expressed the hope, afford time for 
England and France to concert together, and with Spain, the measures necessary 
for combined action. 

Marshal O'Donnell renewed to me on this occasion the assurances he had 
formerly given, that Spain had no views of conquest upon Mexico, and that he 
was entirely opposed to the notion of re-establishing, by foreign influence, a 
monarchical form of government in that country, or otherwise meddling with 
the internal administration of its government. 



No. 51. 

Earl Coioley to Earl Russell. 

[Extract.] 



Paris, October 10, 1861. 

I saw M. Thouvenel this afternoon on the subject of the proposed convention 
for regulating the joint action of Great Britain, France, and Spain in the expe- 
dition to be undertaken against Mexico, and I read to him your lordship's 
despatch of the 5th instant upon this subject received this morning. 

M. Thouvenel said that he was quite ready to join her Majesty's government 
in signing a convention for the purposes recited by your lordship ; that he agreed 
entirely in the principles which your lordship had laid down as those which 
should guide the action of the allied powers. 

M. Thouvenel disclaimed, as he had done on a former occasion, any desire to 
impose any particular form of government in Mexico. 



360 THE PEESENT CONDITION OF MEXICO 

No. 52. 
Earl Russell to Earl Cou'ley. 

[Extract.] 

Foreign Office, October 12, 1861. 

I hare received your excellency's despatcli of the lOtli iustant, reporting your 
conversation with M. Tlionvenel on tlie course which her Majesty's government 
proposed should be adopted towards Mexico by the governments of England, 
France, and Spain, as explained to you in my despatch of the 4th instant. 

I have lo state to your excellency that her Majesty's government consider an 
engagement not to interfere by force in the internal afifau-s of Mexico to be an 
essential part of the convention. 

I understand from Sir John Crampton that, while resei-ving to themselves the 
right of exerting moral influence for the establishment of a better order of things 
in Mexico, the Spanish government agree with her Majesty's government that 
force ought not to be used for that purpose. 



Xo. 53. 
Earl Coidcy to Earl Russell. 

[Extract,] 



Paris, Octoher 18, 1861. 

Sir: M. Thouvenel infoi-ms me that the Emperor is willing that M. de 
Flahault should negotiate the treaty concerning Mexico in London, and full 
powers will be sent to him on Tuesday next. 



No. 54. 
Sir J. Crampton to Earl Russell. 

[Extract.] 

Madrid, Octoher 9, 1861. 

On the receipt of your lordship's telegram of the 5th instant I sought an 
interview with ^Marshal O'Donncll, as well as with 31. Calderon Collantes, and 
stated that her ^lajesty's go\ernment were prepared to enter into a convention 
with France and Spain for the purpose of obtaining reparation fiom j\rexico for 
the injuries received by their respective subjects, and for securing the fulfilment 
of the obligations entered into by Mexico towards their respective governments. 

I observed that her ^Majesty's government proposed that it should be pro- 
vided by an article of the convention, that the forces of the contracting parties 
are not to be employed for any ulterior object, and especially that they are not 
to interfere with the internal government of l^Iexico. I said that her Majesty's 
government desire that the governmi'nt of the United States should be invited 
to adhere to the convention; adding, lioAvever, that her Majesty's government 



THE PEESENT CONDITION OF MEXICO. 361 

did not consider that any delay in the commencement of active operations ought 
to be permitted on this account. 

Marshal O'Donnell replied that the proposal of her Majesty's government 
should be immediately submitted to the consideration of the cabinet. 

This was accordingly done, and M. Calderon Collantes, on the 8th instant, 
communicated to me the views of her Catholic Majesty's government in regard 
to the proposed convention. 

The Spanish government, M. Calderon said, were very willing to conclude 
with England and France a convention for the objects which I had stated to him 
on the part of her Majesty's government. 

They agreed to the insertion of an article in the convention to the effect that 
the forces of the high contracting parties should not be employed for any ulterior 
object. Spain, his excellency remarked, had no such object in view ; she neither 
sought to reconquer any part of Mexico nor to re-establish a monarchical govern- 
ment there in favor of any European prince or other person ; nor had she any 
intention of endeavoring to place one or the other of the contending factions in 
Mexico at the head of the government of the republic. The Spanish govern- 
ment felt no difficulty, therefore, in concurring with her Majesty's government 
in the opinion that no armed intervention in the internal government of Mexico 
should be attempted. 

The only point, consequently, in regard to which he could perceive any shade 
of difficrence in the views of her Majesty's govenmient and those of Spain in this 
respect was that her Catholic Majesty's government was of opinion that, con- 
sidering the great influence which must necessarily be exercised by the very 
presence of the combined forces of England, France, and Spain upon the internal 
state of Mexico, it would be well that they should endeavor to profit by the im- 
pression which could 'not fail to be created thereby upon the Mexican people, to 
exercise a moral influence upon the contending parties, Avith a view of inducing 
them to lay down their anus, and come to an understanding for the formation of 
a government which would offer some guarantee to the allies for the fulfilment 
of the engagements of Mexico tOAvards their respective governments, for a better 
observance of her international duties in future, and one Avhich would afford 
some prospect, at least, of a cessation of the miseries to which that unfortunate 
country had so long been exposed. This, his excellency said, he thought the 
three powers Avere boiind in honor to attempt, both on the grounds of humanity 
and of policy; and perhaps more on the ground of humanity than of polipy. 
It was not generally borne in mind, M. Calderon remarked, that at the bottom 
of the civil strife in Mexico there was a contest between two races. The Spanish 
race AA^as at all times in a minority in that country; and, from natural causes, 
the disproportion betAveen it and the original Indian race Avas continually 
increasing. If these causes continued to operate imchecked by the moral 
superiority of the European element, and Avere aggravated by a continual recur- 
rence of intestine struggles, there could be no doubt that the germs of civiliza- 
tion Avhich had been originally planted by Spain would be crushed oxit, and the 
country Avould relapse into something of the same condition in Avhich it was 
found by Hernau Cortez. This Avas a consummation which he thought the 
European poAvers ought to make at least an effort to prevent. 

I remarked, in reply, that I did not doubt her Majesty's government would 
entirely concur with his excellency in thinking that the object Avhich he proposed 
to himself Avas both a politic and a humane one; and if by moral influence was 
meant the offer of adAdce to the Mexican government to refrain from civil strife, 
her Majesty's goA^ernment Avould, I felt sure, not hesitate now to do, conjointly 
Avitli Spain and France, Avhat they had done singly on more than one occasion. 
If, hoAvever, more than this was intended by the Spanish government, I confess 
I felt at a loss as to the means of effecting any real change in the state of Mexico 
without the application of actual force, or without exerting the influence of the 



362 THE PRESENT CONDITION OF MEXICO. 

intervening powers in favor ef one or tlie other of the contending- factions. 
Besides this, it appeared evident to me that the object proposed, if it were to be 
effected at all, must be the work of time, and, consequently, could not be effected 
T\athin any definite period. I would, therefore, inquire whether the Spanish 
government contemplated the continuance of the occupation of the Mexican ports 
until such time as a government such as they should desire to see established in 
Mexico should be constituted. 

M. Calderon replied, certainly not; the Spanish occupation would be limited 
to what was necessary for obtaining the redress of wrongs inflicted upon Spanish 
subjects, and satisfaction for acts inconsistent with the rights and dignity of the 
Spanish government; and would, if possible, not be prolonged beyond the 
period at which the climate would render the stay of the troops and vessels 
dangerous to their health and safety. 



No. 55. 

Lord Lyoyis to Eai'l Russell. 

[Extract.] 



"Washington, October 14, 1861. 

I had the day before yesterday the honor to receive your lordship's despatch 
of the 28th ultimo, relative to the affairs of Mexico. 

I had, a few hours later in the day, an interview with' Mr. Seward. In the 
course of conversation he introduced the subject of Mexico. I found that he 
had not yet received Mr. Adams's report of the conversation which he ludd with 
your lordship on the 25th ultimo, concerning the proposal of the United States 
to assume the payment of the interest of the Mexican debt to Great Britain and 
France. 

He told me that he had already sent instructions to the United States 
ministers in London and Paris which would enlarge their powers of negotiation, 
and which would in particular enable them to engage that the United States 
should provide for the interest of the debt to Spain, and also for the satisfaction, 
to a certain extent, (as I understood,) of the general claims of Great Britain, 
France, and Spain, upon Mexico. He was, he said, on the point of sending 
similar instructions to the United States minister at Madrid. He had been 
informed that the Spanish government having heard that England and France 
were about to intervene in Mexico, had determined to be beforehand witli them, 
and had already prepared an expedition, which was ready to sail from Cuba. 
Would it not be wise to avoid the complications which could not but follow such 
an expedition, by assenting to an aiTangement which would provide for the 
material interests of the three European powers, and postpone to a more favor- 
able moment diflicult and dangerous questions ? 

I said to Mr. Seward that I presumed that he Avould receive in the cmtrse of 
the day reports from Mr. Adams and Mr. Daytoia of the manner in Avliich his 
proposals had been received by your lordship and M. Thouvenel. He would, I 
obsei-ved, find that grave objections to them Avere entertained both in London 
and in Paris. I proceeded, in obedience to your lordship's instructions, to speak 
to ]\[r. Seward in the sense in which your lordshij) had spoken to ]\Ir. Adams, 
as set forth in your despatch to Earl Cowley, dated the 27t]i ultimo. I said in 
particular that her ^Majesty's government were as apprehensive as Jlr. Sewnrd 
himself could be of an attempt to build upon a foundation of debts due and 
injuries inflicted by Mexico a pretension to establish a new government in that 



THE PEESEXT CONDITION OF MEXICO. 363 

country. Her Majesty's government tliouglit, however, (I proceeded to observe,) 
that the most efifectual mode of guarding against this danger woukl be for Great 
Britain, the United States, and France to join Spain in a course of action the 
objects and hmits of which should be strictly defined beforehand. This certainly 
appeared more prudent than to allow Spain to act alone now, and afterwards to 
oppose the results of her operations if she should go too far. 

Mr. Seward appeared to be unwilling to abandon his own plan, which would, 
he said, have the advantage of rendering all interference on the part of European 
powers in the affairs of Mexico entirely supei-fluous. 



No. 56. 

Sir C. Wyke to Earl Russell. 

[Extract.] 

Mexico, Septemher 29, 1S61. 

During the past month nothing of any particular importance has taken place 
here. The opposition, after endeavoring to get rid of President Juarez, has 
been crippled by the desertion of twelve of its members, and parties in con- 
gress have become equalized, and each noAV prevents the other from carrying 
any measure of an important character. 

General Ortega, after his unsuccessful campaign against Marquez, was deprived 
of his command, and has now returned to his native State of Zacatecas, of 
which he is governor. His rival, General Doblado, has succeeded him as com- 
mander-in-chief of the forces, and is about, in his turn, to attack jNIarquez and 
the other chiefs of the reactionary party, who still remain at the head of Ijetween 
7,000 and 8,000 men, with which they have hitherto completely baffled all the 
efforts of the government to subdue them. 

The executive has lost all real authority over the different States of the con- 
federation, Avhich are noAV virtually independent, and, whenever it suits them, set 
at defiance any orders they may receive from the supreme government. 

Some anxiety is beginning to be felt as to the measiu-es likely to be adopted 
by England and France, in consequence of the violation of the diplomatic con- 
ventions ; but these people console themselves with the reflection that " when 
the day cometh sufficient is the evil thereof." 

Should the different ports be occupied by oiu- naval forces, they propose to 
withdraw the custom-houses further inland, with a view of levying duties on all 
goods proceeding from the coasts to the capital. This is a project which they 
will find some difficulty in carrying out, from their utter Avant of system and 
regular organization. 

With the moral support given by our occupation to the moderate and respect- 
able party, they Avill probably be strong enough to turn out the present admin- 
istration and form a goA^ernment Avhich would be glad to treat with us, and thus 
re-establish those friendly relations Avith foreign poAvers so necessary to the real 
welfare of the republic. 



364 THE PKESENT CONDITION OF MEXICO. 

No. 57. 

Earl Russell to the Lords Commissioners of the Admiralty. 

Foreign Office, Octohcr 30, 1861. 
Mv Lords : I am commanded bj the Qiieeu to signify to your lordships her 
Majesty's pleasure, that with a view to the operations on the coast of Mexico, 
to be carried out by the combined forces of England, France, and Spain, her 
Majesty's squadron on the Xorth American and West Indian station should, as 
soon as convenient, be re-enforc5d, and a detachment of 700 supernumerary 
marines should be embai'ked on board the squadron. 
I am, &c., 

RUSSELL. 



No. 58. 
Lord Lyons to Earl Russell. 



Washington, October 17, 1861. 

My Lord: Mr. Seward mentioned to me yesterday that he had received a 
despatch from jMr. Adams, stating that he had waited upon your lordship in 
Scotland, and communicated to you the proposal that the United States should 
assume the payment of the interest on the foreign debt of Mexico. Mr. Seward 
told me that Mr. Adams reported that your lordship had not agreed to the pro- 
jjosal, Init had stated your intention to make a counter proposal. This, Mr. 
Seward said, was perhaps as favorable a reception of his plan as could be ex- 
pected at the first moment. 

He proceeded to infoi-m me that he had received a communication from M. 
Tassara, the Spanish minister here, stating that the expedition which Spain Avas 
prepared to send against Mexico was intended solely to seek redress for the 
wrongs suffered by Spain herself, and not at all to interfere Avith the internal 
affairs of Mexico, or to change the form of government in that country. 

Mr. Seward added that M. Tassara had further informed him that it was 
under consideration Avhether Spain should make the expedition alone or in con- 
junction Avith England and France. If the latter course Avere adopted, the con- 
cert of the United States Avould (M. Tassara had assured Mr. SeAvard) be iuA-ited 
by the three poAvers. 

Mr. ScAvard appeared to be A'ery unwilling to admit that his OAvn proposal to 
assume the payment of the interest of the debt Avas not likely to be accepted 
citlier in London, Paris, or Madrid. 
I have, &c., 

LYONS. 



No. 59. 
Earl Russell to the Lords Co/n?nissioners of the Admiralty. 

Foreign Office, October 31, 1861. 

Mv Lords: I haA'e the honor to acquaint your lordships that I have this day 
signed, on Ix'lialf of her ^NFajesty, Avitli tlic pU'nipotentiarics of France and Spain, 
a convention having for its object the adoption of measures of coercion against 



THE PRESENT CONDITION OF MEXICO. 365 

Mexico for tlie protection of tlie persons and properties of the subjects of the 
respective States, and for securing a fulfilment of the obligations contracted by 
the republic of Mexico towards the sovereigns of Great Britain, France, and 
Spain. 

In pursuance of the provisions of this convention the contracting powers pro- 
pose to employ on the coast of Mexico a sufficient naval and military force, and 
I am accordingly to signify to your lordships her Majesty's pleasure that a force 
consisting of two line-of-battle ships, four frigates, and an adequate number of 
smaller vessels, shoi;ld be sent to Vera Cruz, and that a body of supernumerary 
marines, to the amount of 700 men, should be embarked on board those ships, 
Avith a view to their being lauded and employed on shore, if circumstances should 
require it. 

I am further to signify to your lordships her Majesty's pleasure that the 
admiral, or other senior officer in command of this force, should be instructed to 
place himself in communication with the officers commanding the French and 
Spanish forces, and in concert with them to demand : 

1. Full satisfaction and reparation for the wrongs suffered by the three nations ; 
and 

2. That the forts of Vera Cruz should be at once delivered up to the forces 
of the three nations as a guarantee for the performance of such conditions as 
may be agreed upon. 

I have further to state to your lordships that it is the intention of the three 
powers severally to name a commissioner to frame, in concert with the officer 
commanding the naval forces of the three powers, the articles an assent to -which 
Avill be demanded of the Mexican government, or of the persons exercising 
authority in Mexico; and that Sir Charles Wyke, her Majesty's envoy extraor- 
dinary and minister plenipotentiary, Avill be empowered to act as commissioner 
on behalf of her J\Iajesty, and Avith that view he Avill be instructed to embark 
on board the ship of the British admiral, or of the officer in command of her 
Majesty's forces. 

The troops and marines of the combined forces Avill remain in possession of 
the forts of Vera Cruz and other forts, if taken, until further order. 

Her Majesty has been pleased, likcAvise, to signify her pleasure that Rear- Ad- 
miral Maitland should be instructed to possess himself of the harbor of Aca- 
pulco, or any other port on the Pacific coast of Mexico, Avith the exception of 
Mazatlan, Avhich he may consider necessary to occupy Avitli a Adew to secure the 
objects of the convention ; but Mazatlan is not to be occupied Avithout special 
orders. 

I enclose, for your lordships' information, a copy of the convention* under 
which these operations are to be carried out, although some days must elapse 
before the ratifications of it can be exchanged. 
I am, &c., 

RUSSELL. 



No. 60. 

Earl Russell to Sir C. Wyke. 

Foreign Office, October '^^, 1861. 
Sir : I transmit to you hereAvith confidentially, inasmuch as the ratifications 
of it have not yet been exchanged, a copy of a convention* which I have 
signed this day with the plenipotentiaries of France and Spain respecting the 



*'• Enclosure in No. 60. 



366 THE PEESEXT CONDITION OF MEXICO. 

measures of coercion -wliicli England, France, and Spain are prepared jointly to 
adopt for the protection of the persons and properties of their respective sub- 
jects in 3Iexico, and for securing the fulfilment of the obligations contracted by 
the repuljlic of Mexico towards the respective sovereigns. 

I also enclose a copy of a letter which I have addressed to the lords commis- 
sioners of the admiralty,* signifying her Majesty's pleasure as to the measures 
to be taken on the part of her Majesty in fulfilment of the engagements under- 
taken by her in this convention ; and in conformity with Avhat is stated in my 
letter, I have to instruct you to embark on board the ship of the admiral or 
of the senior officer commanding her Majesty's ships, and at the proper time to 
undertake the duties of commissioner on behalf of her Majesty under the 
convention, and to frame, in concert with Admiral Milne, and with the commis- 
sioners of France and Spain, and the officers commanding the naval forces of 
thosp tAvo countries, the articles an assent to which will be demanded of the 
IMexican government, or of the persons exercising authority in ]Mexico. 

You will instruct her Majesty's consuls at the ports which may be determined 
on, to collect, in concert with the French and Spanish consuls at those ports, 
the customs duties, and to pay them over according to such rules as the com- 
missioners may jointly lay down. 
I am, &c., 

RUSSELL. 



Enclosure in No. 60. 



Convention hctwecn lier Majesty, the Queen of Spain, and tlic Emperor of the 
French, relative to combined operations against Mexico, signed at London, 
October 31, 1861,t 

Sa Majeste la Reine du Royaume Uni de la Grande Bretagne et d'Irlande, 
sa Majeste la Reine d'Espague, et sa Majeste I'Empereur des Fran(;ais, se 
trouvant placees par la conduite arbitraire et vexatoire des autorites de la repub- 
lique du Mexique dans la necessite d'exiger de ces autorites une protection plus 
efficace pour Ics personnes et les proprietes de leurs sujets, ainsi que rexecution 
des obligations contractees envers elles par la rcpublique du Mcxiqite, se sont 
entendues pour conclure entre elles une convention dans le but de combiner leur 
action commune, et, a cet effet, out nomme pour leurs plenipotentiaires, savoir : 

Sa Majeste la Reine du Royaume Uni de la Grande Bretagne et d'L'laude, 
le tres honorable Jean Comte Russell, Vicomtc Amberley de Amberley et Ard- 
salla, pair du Royaume Uni, conseiller de sa Majeste Britannique en son conseil 
prive, principal secretaire d'etat de sa Majeste, pour les affaires, etrangeres; 

Sa Majeste la Reine d'Espagne, Don Xavier de Isturiz y 3Iontero, chevalier 
de I'ordre insigne du toison d'or, grand croix de I'ordre royal et distingue de 
Charles III, de I'ordre imperial de la k'gion d'honneur de France, des ordres de 
la conception de Villaviciosa et Christ de Portugal, sJiiateur du Royaume, 
ancieu president du conseil de ministres et premier secretaire d'etat de sa 
Majeste Catholique, et son envoyti extraordinaire et ministre plcnipoteutiaire 
pres sa Majeste Britannique; 

Et sa Majeste I'Empereur des Franpais, son excellence le Comte de Flnhaiilt 
de la Billavderie, st'nateur, g(imTal de division, grand croix de la h'gion d'hon- 
neur, ambassadeur extraordinaire de sa Majestii Impi'riale pres sa ^Mnjeste 
Britannique ; 

Lesquels, apres s'etrc communique reciproquement leurs plciiis pouvoirs re- 
spectifs, trouves en bonne et due forme, sont tombos d'accord pour arivter les 
articles suivants : 

°No. 59. fRatifications exchanged at London November 15, 1861. 



THE PRESENT CONDITION OF MEXICO. 367 



Article I. 

Sa Mnjcste la Reiue du Royaume Uni de la Grande Bretagne et d'Irlande, 
sa Majestc la Reine d'Espagne, et sa Majeste rEmpereur des Fran^ais, s'en- 
gagent a arreter aussitot apres la signature de la presentc convention, les dis- 
positions necessaires pour envoyer sur les cotes du Mexique des forces de terre 
et de mer combinees dont I'efFectif sera detenuine par un echange ulterieur de 
communications entre leurs gouvernements, mais dont I'ensemble devra etre 
suflSsant pour pouvoir saisir et occuper les differentes forteresses et positions 
militaires dvx littoral Mexicain. 

Les commandants des forces alliees seront, en ontre, autorises a accomplir les 
auties operations qiii seraient jugees, sur les lieux, les plus propres a realiser le 
but specifid dans le preambule de la presente convention, et notamment, a as- 
surer la security des residents etrangers. 

Touts les mesures dont il s'agit dans cet article seront prises au nom et pour 
le compte des bautes parties contractantes, sans acception de la nationalite par- 
ticuliere des forces employees a les executer. 

Article II. 

Les bautes parties contractantes s'engagent a ne recbercber pour elles-memes, 
dans I'emploi des mesures coercitives prevues par la presente convention, aucune 
acquisition de temtoire ni aucun avantage particulier, et a n'exercer, dans les 
affaires intcSrieures du Mexique, aucune influence de nature a porter atteinte au 
droit de la nation Mexicame de cboisir et de constituer librement la forme de 
son gouvernement. 

Article III. 

Une commission composee de trois commissaires, un nomme par cbacune des 
puissances contractantes, sera etablie avec plein pouvoir de statuer sur toutes les 
questions que pourrait soulever I'emploi ou la distribixtion des sommes d'argent 
qui seront recouvrees au Mexique, en ayant egard aux droits respectifs des trois 
parties contractantes. 

Article IV. 

Les bautes parties contractantes desirant, en outre, que les mesures qu'elles 
ont I'intention d'adopter n'aient pas un caractere exclusif, et sacbant que le 
gouvernement des Etats Unis a, de son cote, des reclamations a faire valoir, comme 
elles, centre la republique Mexicaine, conviennent qu'aussitot apres la signature 
de la presente convention, il en sera communique une copie au gouvernement des 
Etats Unis; que ce gouvernement sera invite a y acceder; et qu'en prevision de 
cette accession leurs ministres respectifs a Wasbington seront immediatement 
munis de pleins pouvoirs a I'effet de conclure et de signer, coUectivement ou 
separement, avec le plenipotentiaii-e designe par le President des Etats Unis, 
une convention identique, sauf suppression du present article, a celle qu'elles 
signent a la date de ce jour. Mais comme les bautes parties contractantes 
s'exposeraient, en apportant quelque retard a la mise a execution des Articles I 
et II de la presente convention, a manquer le but qu'elles desireut atteindre, 
elles sont tombees d'accord de ne pas diiferer, en vue d'obtenir I'accession du 
gouvernement des Etats Unis, le commencement des operations sus mentionnees 
au dela de I'epoque a laquelle leurs forces combinees pourront etre reunies dans 
les parages de Vera Cruz. 



368 THE PKESENT CONDITION OF MEXICO. 



Article V. 

La prt'sente convention sera ratifiee, et les ratifications en seront ecliangees a 
Londres, clans le delai de quinze jours. 

En foi de qnoi les pleuipotentiaii-es respectifs I'ont signe, et j ont appose le 
sceau de leurs armes. 

Fait a Londres, en triple original, le trente-unieme jour dn mois d'Octobre, 
de I'an de grace mil liuit cent soixante-un. 

[L. s.] RUSSELL. 

[L. s.] XAVIER DE ISTURIZ. 

[l. s.] FLAHAULT. 

[Translation.] 

Her Majesty tlie Queen of the United Kingdom of Great Britain and Ireland, 
lier Majesty tlie Queen of Spain, and liis Majesty the Emperor of the French, 
feeling themselves compelled by the arbitrary and vexatious conduct of the 
authorities of the republic of Mexico to demand from those authorities more 
efficacious protection for the persons and properties of their subjects, as Avell as 
a fulfilment of the obligations contracted towards their Majesties by the republic 
of Mexico, have agreed to conclude a convention with a ^iew to combine theu* 
common action, and, for this purpose, have named as then* plenipotentiaries, that 
is to say: 

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
the right honorable John Earl Russell, Viscount Amberley of Ambcrley and 
Ardsalla, a peer of the United Kingdom, a member of her Britannic Majesty's 
privy council, her Majesty's principal secretary of state for foreign affiiirs ; 

Her ]\[ajesty the Queen of Spain, Don Xavier de Istiu-iz yj Montero, knight 
of the illustrious order of the golden fleece, grand cross of the royal and 
distinguished order of Charles III, of the imperial order of the legion of 
honor of France, of the orders of the conception of Yilla^-iciosa and Christ of 
.Portugal, senator of the kingdom, late president of the council of ministers, 
and first secretary of state of her Catholic Majesty, and her envoy extraordiuaiy 
and minister plenipotentiary to her Britannic Majesty; 

And his Majesty the Emperor of the French, his excellency the Count de 
Flahault dc la Billardeiie, senator, general of diAision, grand cross of the 
legion of honor, his Imperial Majesty's ambassador extraordinary to her Bri- 
tannic Majesty; 

"Who, after having reciprocally communicated their respective full powers, 
found in good and due form, have agreed upon the following articles : 

Article I. 

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
her Majesty the Queen of Spain, and his Majesty the Emperor of the French, 
engage to make, immediately after the signature of the present convention, the 
necessary arrangements for despatching to the coasts of 5lexico combined naval 
and military forces, the strength of which shall be determined by a further in- 
terchange of communications between their governments, but of which the total 
shall be sufficient to seize and occupy the several fortresses and military positions 
on the ^Mexican coast. 

The commanders of the allied forces shall be, moreover, authorized to execute 
the otlier operations which maybe considered, on the spot, most suitable to effect 
the olject specified in the preamble of the present convention, and specifically 
to insure the security of foreign residents 



THE PEESENT CONDITION OF MEXICO. 369 

All the measures contemplated in this article shall be taken in the name and 
on account of the high contracting parties, without reference to the particular 
nationality of the forces employed to execute them. 

Article II. 

The high contracting parties engage not to seek for themselves, in the employ- 
ment of the coercive measures contemplated by the present convention, any 
acquisition of territory nor any special advantage, and not to exercise in the 
internal affairs of Mexico any influence of a nature to prejudice the n'ght of the 
Mexican nation to choose and to constitute freely the form of its government. 

Article III. 

A commission composed of three commissioners, one to be named by each of 
the contracting powers, shall be established with full authority to determine all 
questions that may arise as to the application or distribution of the sums of 
money which may be recovered from Mexico, having regard to the respective 
rights of the three contracting parties. 

Article IV. 

The high contracting parties desiring, moreover, that the measures which they 
intend to adopt should not bear an exclusive character, and being aware that the 
government of the United kStates on its part has, like them, claims to enforce 
upon the Mexican republic, agree that immediately after the signature of the 
present convention a copy thereof shall be communicated to the government of 
the United States ; that that government shall be invited to accede to it ; and 
that in anticipation of that accession their respective ministers at Washington 
shall be at once furnished with full powers for the purpose of concluding and 
signing, collectively or separately, with the plenipotentiary designated by the 
President of the United States, a convention identic, save the suppression of the 
present article, with that which they sign this day. But as by delaying to put 
into execution articles first and second of the present convention the high con- 
tracting parties would inciu- a risk of failing in the object which they desire to 
attain, they have agreed not to defer, with the view of obtaining the accession 
of the government of the United States, the commencement of the above-men- 
tioned operations beyond the time at which their combined forces can be assem- 
bled in the neighborhood of Vera Cruz. 

Article V. 

The present convention shall be ratified, and the ratifications thereof shall be 
exchanged at London within fifteen days. 

In Avitness whereof the respective plenipotentiaries have signed it, and have 
affixed thereto the seal of their arms. 

Done at London, in triplicate, the thirty-first day of the month of October, in 
the year of our Lord one thousand eight hundred and sixty-one. 



I L. s. 
[l. s. 
[l, s. 



RUSSELL. 

XAVIER DE ISTURIZ. 

FLAHAULT. 



H. Ex. Doc. 100 24 



370 THE PRESENT CONDITION OF MEXICO. 

No. 61. 
Earl Rnssell to Earl Coidey. 

Foreign Office, November 1, 1861. 

My Lord : I transmitli to you lierewitli a copy of a despatch wliicli I have 
addressed to Sir C. Wyke,* directing him to repair to Jamaica, and from thence 
to proceed to join the admiral Avherever he may be. 
I am, &c. 

RUSSELL. 



No. 62. 
Earl Russell to Sir C. WyJce. 



Foreign Office, November 1, 1861. 

Sir: I have to instruct you forthwith to repair to Jamaica with all the mem- 
bers of her Majesty's mission. 

Admiral Mihie has been directed to send a ship-of-war without delay to Vera 
Cruz, to receive you on board and convey you and your suite to Jamaica ; and 
subsequently to convey you and one of the attaches of her ^Majesty's mission 
from tfamaica to Bermuda, or Avherever the admiral may be. 

You will leave the rest of the mission at Jamaica until you require their 
services. 

In joining tlie admiral you will embark on board the flag-ship. 

The admiral Avill deliver to you the further instructions for your guidance, 
which will be sent to his care. 



I am, &c. 



RUSSELL. 



No. 63. 

Earl Rnssell to Earl Cowley. 

Foreign Office, November 1, 1861. 

Mv Lord : I transmit to your excellency herewith a copy of conventiont 
wkich I yesterday signed with the plenipotentiaries of France and Spain, on 
the subject of the measures to be adopted towards Mexico. 

I also enclose drafts of the instructions which, in order to give effect to the 
provisions of this convention, I have, by the Queen's commands, addressed to 
the board of admiralty and to her Majesty's minister iu Mexico.i: I liave com- 
municated copies of these drafts to the Freaich ambassador and Spanish minister. 

I shall instruct Sir Charles Wyke, by the mail of to-morrow, to repair to 
Jamaica, and there await further instructions. 

Her Majesty's naval forces, of which the expedition, so far as this country is 
concerned, is to be composed, are already, or will be shortly, at Bennuda ; and 
I will inform Count Flahault, and will enable your excellency to apprise M. 
Thouvenel in what manner and at what place it may, in the opinion of the 

o No. 62. t Enclosure in No. 60. % Nos. 69 and 60, 



THE PRESENT CONDITION OF MEXICO. 371 

board of admiralty, be advisable that the three squadrons should unite, so as 
to proceed in company to the coast of Mexico. 

It will remain for the three powers to instruct their ministers at Washington 
to make to the goveniment of the United States the communication contem- 
plated by the 4th article of the convention. Her Majesty's government propose 
to send their instructions to Lord Lyons by the mail of the 9th of November. 
I am, (fee. 

RUSSELL. 

P. S. — Sir C. Wyke will receive his further instructions on board the admi- 
ral's ship. 



No. 64. 
Earl Russell to Sir J. Crampton. 

Foreign Office, November \, 1861. 

Sir : I transmit to you herewith a copy of a convention* which I yesterday 
signed with the plenipotentiaries of France and Spain on the subject of the 
measures to be adopted towards Mexico. 

I also enclose drafts of the instructions Avhich, in order to give effect to the 
provisions of this convention, I have, by the Queen's commands, addressed to 
the board of admiralty and to her Majesty's mhiister in Mexico. + I have 
communicated copies of these drafts to the French ambassador and Spanish 
minister. 

I shall instruct Sir C. AVyke, by the mail of to-morrow, to repair to Jamaica, 
and there await further instructions. 

Her Majesty's naval forces of which the expedition, so far as this country is 
concerned, is to be composed, are already, or will be shortly, at Bermuda ; and 
I will inform M. de Isturiz, and will enable you to apprise the Spanish govern- 
ment, in what manner and at what place it may, in the opinion of the board of 
admiralty, be advisable that the three squadrons should unite, so as to proceed 
in company to the coast of Mexico. 

It Avill remain for the three powers to instruct their ministers at Washington 
to make to the government of the United States the communication contem- 
plated by the 4th article of the convention. 

Her Majesty's government propose to send their instructions to Lord Lyons 
by the mail of the 9th of November. 
I am, &c. 

RUSSELL. 



No. &5. 

Earl Russell to Earl Coxvley. 

Foreign Office, November 1, 1861. 
My Lord : With reference to my previous despatch of this day's date,| I 
enclose, for your excellency's information, and for communication to M. Thou- 
venel, a draft of a further instruction which it is my intention to address to Sir 
Charles Wyke with reference to the 2d article of the convention respecting the 
measures to be taken towards Mexico. § 
I am, &c. 

RUSSELL. 



--Enclosure in No 60. f Nos. 59 and 60. % No. 63. § No. 67. 



372 THE PRESENT CONDITION OF MEXICO 

No. 66. 

Earl Russell to Sir J. Grampton. 

Foreign Office, Novemher 1, 1861. 
Sir : With reference to my previous despatch of this day's date, I enclose, 
for your infomiation, and for communication to the Spanish government, a draft 
of a further instruction which it is my intention to address to Sir C. Wyke 
•with reference to the 2d article of the convention respecting the measures to be 
taken towards ^lexico.* 
I am, &c. 

EUSSELL. 



No. 67. 
Earl Russell to Sir C. Wyke. 



Foreign Office, November 1, 1861. 

Sir : You should be most careful to observe with strictness article 2 of the 
convention signed yesterday between Gi'eat Britain, France, and Spain, by 
which it is provided that no influence shall be used in the internal affairs of 
Mexico calculated to prejudice the right of the Mexican nation freely to choose 
and establish its own form of government. 

Should any Mexican, or any party in Mexico, ask your advice on such sub- 
jects, you M'ill say that any regular form of government which shall protect the 
lives and properties of natives and of foreigners, and shall not permit British 
subjects to be attacked or annoyed on account of their occupations, their rights 
of property, or their religion, will secure the moral support of the British gov- 
ernment. 

I am, &c. 

RUSSELL. 



No. 68. 
The Secretary to the Admiralty to Mr. Haynmond. 

Admiralty, Xovetnbcr 1, 1861. 

Sir : Earl Russell having expressed his desire to be furnished with the views 
of my lords commissioners of the admiralty as to the most convenient rendez- 
vous for the combhicd English, French, and Spanish squadrons about to be sent 
to IMexico, I am commanded by their lordships to acquaint you as follows : 

The Spaniards having a good harbor at Havana, on the direct road to Vera 
Cruz, will probably assemble at that port. 

The French ships going from Europe will most likely touch at Guadalupe ; 
but as that island and ]\Lartini(|ue are a long way from the entrance of the Gulf 
of Mexico, it seems probable that the FriMich squadron would go on to Havana, 
or rather to Jamaica, as the more direct route, the latter island having the safe 
harbor of Port Royal, where water, coals, and provisions can be rilled up. 

° No. 67. 



THE PEESENT CONDITION OF MEXICO. 373 

The English ships would also naturally assemble at Port Royal, and, assum- 
ing that the joint French and English squadrons meet there, the best rendezvous 
that could be given for the Spanish squadron to join them would be fifteen miles 
northwest of Cape St. Antonio, at the western end of Cuba. This cape is 
moderately high, and has a revolving light on it visible twenty miles, so that 
by night or by day it could be easily kept in sight. It is 175 miles, or one 
day's sail from Havana, and 540 miles, or three days' sail from Port Royal; and 
Avhen the day of departure from Port Royal is fixed an aviso or despatch-vessel 
might be sent on the day before from Port Royal to Port Sagua, on the south 
coast of Cuba, (whence, no doubt, there is telegraphic communication to Havana,) 
to apprise the Spanish admiral. 

From Cape St. Antonio to Vera Cruz the distance is 650 miles, or rather more 
than three days' sail ; but there is no place on the coast'of Mexico at which a 
convenient rendezvous could be given, and it seems desirable that the combined 
squadrons should approach the coast in company. 

When the "nortes" or "northers" blow, the anchorage of Anton Lizardo, 
about twelve miles southeast of Vera Cruz, will be found a safe shelter, with 
space for a large fleet. 
I am, &c. 

W. G. ROMAINE. 



No. 69. 
Eorl RnsscU to Earl Coivley. 



Foreign Office, November 1, 1861. 

My Lord : I transmit to your excellency herewith, for communication to M. 
Thouvenel, a copy of a letter which I have received from the board of admiralty 
respecting the manner in which the junction of the allied squadrons on their 
way to the coast of Mexico should be effected.* 

The Count de Flahault has been informed of the substance of this letter. 
I am, &c. 

RUSSELL. 



No. 70. 

Earl Russell to Sir J. Crainpton. 

Foreign Office, Novemher 1, 1861. 
Sir : I transmit to you herewith, for communication to the Spanish govern- 
ment, a copy of a letter Avhich I have receiA'ed from the board of admiralty 
respecting the manner in which the junction of the allied squadrons on their 
way to the coast of Mexico should be effected.* 

M. de Isturiz has been informed of the contents of this memorandum. 
I am, &c. 

RUSSELL. 

»No. 68. 



374 THE PRESENT CONDITION OF MEXICO. 

No. 71. 
Earl Russell to the Lords Commissioners of the Admiralty. 

Foreign Office, 'November 1, 1861. 

My Lords : Her Majesty has been pleased to direct that a man-ot-Mar should 
be at once sent to Vera Cruz to bring Sir C. Wyke and the members of his 
mission to Jamaica. 

Sir C. Wyke and one of his attaches should be conveyed from Jamaica to 
Bermuda, or wherever Admiral Sir A. Milne may be, and received on board his 
flag-ship, leaving the rest of the mission at Jamaica. 
I am, &c. 

RUSSELL. 



No. 72. 
S>ir J. Crampton to Eai'l Russell. 

[Extract.] 

Madrid, November 1, 1861. 

Marshal O'Donnell, in reply to my question as to the number of Spanish 
ships and troops intended to be sent on the expedition, replied that, as nearly as 
he could at present judge, the squadron would consist of 12 or 14 vessels, of 
different sizes, carrying altogether about 300 guns. These would be accompa- 
nied by two large steam transports, and the number of troops would amount to 
between 4,000 and 5,000 men. 



No. 73. 
Mr. Hammond to the Secretary to the Admiralty. 

FoREiGX Office, November 6, 1861. 

Sir : I am directed by Earl Russell to request that you will acquaint the 
lords commissioners of the admiralty that he communicated to the French am- 
bassador the substance of your letter of the 1st instant, respecting the place at 
which the junction of the allied squadrons, about to proceed to Mexico, should 
be effected ; and that the French ambassador has informed me to-day that the 
French naval expedition will take its departure from France on Monday next, 
and Avill touch at the French colonies in the West Indies, and probably at Ja- 
maica, on its way to Havana, where it is expected to arrive between the 15th 
and 20th of December. 

Arrangements have already been made for its obtaining provisions and sup- 
pli(;s at Havana, which, it is calculated, it will require four or five days to era- 
bark, so that the French expedition will ])rol)ably be a})le to proceed on the 20th 
or 25th of December to the point off Cape St. Antonio, at wliicli it was proposed 
in your lettt-r that the squadrons should unite. 
I am, &c. 

E. HAIMMOND. 



THE PKESENT CONDITION OF MEXICO. 375 

No. 74. 

Eai'l Cowley to Earl Russell. 

Paris, November 5, 1861. 
My Lord : M. Dubois de Saligny is to be the Freucli commissiouer under 
article third of the convention of the 31st ultimo. He will also be named first 
plenipotentiary Avith Admiral Jui-ien de la Graviere to frame, in concert with 
the plenipotentiaries of Great Britain and Spain, the demands to be made on the 
Mexican government. His instructions are not yet ready, but M. Thouvenel is 
about to occupy himself on them. 
I have, &c. 

COWLEY. 



No. 75. 
Earl Cowley to Earl Russell. 



Paris, November 5, 1861. 

My Lord : I have communicated to M. Thouvenel, as insti'ucted by your 
lordship's despatch of the 1st instant,* the draft of a further instruction, enclosed 
therein, which it is your lordship's intention to address to Sir Charles Wyke 
"with reference to article 2 of the convention, respecting the measures to be taken 
towards Mexico, and his excellency expressed his full concurrence in them. 
I have, &c. 

COWLEY. 



No. 76. 
Earl Coidey to Earl Russell. 



Paris, November 5, 1861. 

Mv Lord : M. Thouvenel had already received from M. de Flahault, before 
I could communicate them to his excellency, the observations of the board of 
.admiralty respecting the manner in which the junction of the allied squadrons 
on their way to the coast of Mexico should be effected, to which your lordship's 
despatch of the 1st instantt relates. 

His excellency said that he had already spoken with the minister of marine, 
.and had found that arrangements had been made for the French squadron to 
take its final departure for Mexico from the Havana, whence it could put to sea 
in company with the Spanish squadron. There was no objection to Cape St. 
Antonio as the rendezvous of the allied squadrons. 

The French squadron will leave Toulon on Monday next, but will call at 
Algiers to embark 500 Zouaves. The French admiral will then be enabled to 
land about 2,500 men. 
I have, &c. 

COWLEY. 

" No. 65. t No. 69. 



376 THE PRESENT CONDITION OF MEXICO. 



No. 77. 

Earl Russell to Lord Lyons. 

Foreign Office, Novemher 6, 1861. 

3Iv Lord: I transmit to you herewith a copy of a convention* between her 
Majesty the Qneen of Spain and the Emperor of the French, for combined 
operations against Mexico, which was signed at London on the 31st of October. 

Yonr lordship will perceive that by article IV of this convention the con- 
tracting pai'ties engage to communicate a copy of it to the government of the 
United States, and to invite that government to accede to it; and that, in anti- 
cipation of its consenting to do so, the representatives of the three powers at 
Washington shall be immediately furnished with full powers authoiizing them, 
either jointly or separately, to conclude and sign with the plenipotentiary who 
may be named by the President of the L'nited States an identical convention, 
with the omission merely of article IV. 

I have accordingly to instruct your lordship to make a proposal to that effect 
to the Secretary of State of the L^nited States, in such form as may be agi-eed 
upon between yourself and the French and Spanish ministers, and you will 
receive the requisite full powei* to enable you, either jointly with them or sep- 
arately, to sign the convention with a plenipotentiary of the United States. 

You will take care not to conclude this matter, either in form or substance, 
without coming to a complete and clear understanding with the French and 
Spanish ministers. 
I am, &:c. 

RUSSELL. 



No. 78. 

Mr. Hammond to the Secretary to the Admiralty. 

Foreign Office, Xoveiiiber 7, 1861. 
Sir : I am directed by Earl Russell, with reference to my letter of yesterday, 
to request that you will acquaint the lords commissioners of the admiralty 
that his lordship would suggest that Rear Admiral Milne should be instructed 
to assemble the ships of his squadron at Port Royal, Jamaica, and should settle 
with the commanders of the French and Spanisli squadrons, -Nvhich will assemble 
at the Havana, on what date the British squadron shall appear off Cape St. 
Antonio to effect a junction with them. 
I am, &c. 

E. HAMMOND. 



No. 79. 

Earl Russell to the Lords Com7nissioncrs of the Admiralty. 

Foreign Office, Novemher 8, 1861. 
My Lords: "With reference to my letter of the 31st of October, signifying 
to your lordships the Queen's commands as to the instnictions to be given to 

° Enclosure in No. 60. 



THE PRESENT CONDITION OF MEXICO. 377 

Rear Admiral Milne for the guidance of his conduct in regard to affairs of 
Mexico, and more particularly to that passage in those instructions in which I 
refer to "the intention of the three powers severally to name a commissioner to 
frame, in concert with the officers commanding the naval forces of the three 
powers, the articles, an assent to which will be demanded of the Mexican gov- 
ernment, or of the persons exercising authority in Mexico," I have the honor 
to state to your lordships that Admiral Milne should be informed that, in the 
event of any difference of opinion between himself and Sir Charles Wyke as to 
the terms in which those articles should be framed, the opinion of Sir Charles 
Wyke, so far as Great Britain is concerned, should prevail. 
I am, &e. 

RUSSELL. 



No. 80. 

Earl Russell to Sir C. Wyke. 
[E.\tract ] 

Foreign Office, November 15, 1861. 

The instructions of the Emperor of the French are similar in substance to 
those which I have transmitted to you. 

The French government have contemplated a case of which I had not taken 
notice. It is supposed that the Mexicans may withdraw from Vera Cruz, de- 
stroying their fortifications, and refuse to enter into any agreement or nego- 
tiation whatever. In such a case the French government maintain that the 
allied powers could not allow themselves to be baffled ; they could not permit 
their subjects to be ill-treated and defrauded, nor three powerful governments to 
be defied with impunity. 

The French government in such a case, therefore, suppose that the allied 
forces would march on Mexico, and there require the reparation which had not 
been obtained on the coast. I have nothing to say against this reasoning or 
the measure's in contemplation. 

But, as regards her Majesty's forces, you are aware that no land forces have 
been directed to join the British portion of the expedition. A body of seven 
hundred marines is the whole force set apart for this service which can be em- 
ployed on shore for any length of time. Neither the constitution of this force 
nor its amount woiild allow of its being employed in a march upon Mexico. 

You will, therefore, if such a case should arise, decline to direct the marines 
to take part in the operations against Mexico ; but it is essential that uniformity 
should be preserved in the demands to be made upon the de facto authorities of 
Mexico. 

I do not think it necessary to give you more detailed information. Her Ma- 
jesty's government have entire reliance upon your judgment and discretion. 
They would be unwilling to fetter that discretion by minute directions upon 
hypothetical cases. They would prefer, in regard to operations of much diffi- 
culty, where concert is necessary and the aspect of affairs may vary from day 
to day, to leave you to the guidance of your own judgment, enlightened as that 
jiidgment will be by local information and experience. Her Majesty's govern- 
ment are confident that Sir A. Milne and yourself will, in the performance of 
your present arduous duties, be guided by that zeal for the public service and 
by that judgment and discrimination of which you have both given satisfac- 
tory proofs. 



378 THE PRESENT CONDITION OF MEXICO. 

No. 81. 
Earl Russell to Sir C. Wi/ke. 

Foreign Office, Xorembe?- 15, 1861. 

Sir: I enclose for your information and guidance a copy of a further letter 
■w'liicli I have addressed to the lords commissioners of the admiralty,* modi- 
fying to a certain extent that part of my previous letter of the 31st of October 
which related to operations on the Pacific coast of Mexico. 

Her Majesty's government are of opinion that if the Mexican authoi-ities 
should accede to the tei-ms which will be proposed to them, and should put the 
allied forces in possession of Vera Cruz, it may be unnecessary to undertake 
operations on the Pacific coast ; but, at all events, they think it best, before any 
such operations are commenced, that you, in conjunction with Admiral Milne, 
and Avith the ministers and commanders of France and Spain, should have the 
opportunity of determining whether such operations are desirable. 

If such is the case, you will apprise Rear Admiral Maitland of the result of 
your deliberations, and in requesting him to proceed to execute the contingent 
instructions with which he is furnished by the lords of the admiralty, you 
will further inform him of the steps which he should take for collecing the 
duties of customs at the ports which he may occixpy, and of the mamier in 
which he shoiild dispose of the money which he may thereby raise. 

It is possible that the Mexican government, not opposing the occupation of 
Vera Cruz by the allies, may decline to enter ■ into any convention, and may 
divert their exports to the ports on the Pacific. This is a contingency for which 
the instructions to Admiral Maitland are intended to provide. 
I am, &c. 

RUSSELL. 



No. 82. 
Earl Russell to the Lords Commissioners of the Admiralty. 

Foreign Office, Xoveinber 1-5, 1861. 

Mv Lords : With reference to that part of my letter to your lordships, of the 
31st of October, in which I conveyed to you her Majesty's pleasure in regard 
to the operations to be undertaken by Rear Admiral Maitland on the coast of 
Mexico, in execution of the convention between England, France, and Spain, I 
have the honor to acquaint your lordships that her Majesty has been pleased to 
direct that the previous instruction should be so far modified as to subject Rear 
Admiral Maitland's action to the information that he mav receive from Sir 
Charles \yyke. 

It will, therefore, be, in the first instance, suificient that your lordsliips should 
direct Admiral Maitland to occupy Acapulco, or other ports on the Pacific coast 
of Mexico, with the exception of Mazatlan, on receiving information trom Sir 
Charles Wyke that such an operation is desirable for the purposes of the con- 
vention; and I will instruct Sir Charles AVyke, hi the cnent of his making such 
a conununication to Admiral Maitlaiul, to acquaint him with the further step.** 
which it may be advisable to take on obtaining possession of the ports in ques- 
tion. 

I am, &c. 

RUSSELL. 

« No. 82. 



THE PRESENT CONDITION OF MEXICO. 379 

No. S3. 

Eail Cowley to Earl Russell. 

Paris, Kovemher 14, 1861- 
Mv Lord : The Freucli ambassador at Madrid lias informed M. Thouvenel 
that intelligence had l^een received by the Spanish government that the Spanisli 
-expedition against Mexico was to have put to sea on the 24th ultimo. 

Marshal Sen-ano, the governor of Cuba, had taken this determination in 
ignorance of the negotiations pursuing l)et\veen the British, French, and Spanish 
governments to undertake this expedition in common; but, according to calcu- 
lations made by the latter, it seemed probable that the despatches to Marshal 
Serrano, infonning him of this circumstance, would have reached his excellency 
before the 24th ultimo, and would have prevented the departure of the Spanish 
-sq[uadron. 

I have, &c. 

COWLEY. 



No. 84. 
Earl Russell to Earl Cowley. 

Foreign Office, Kovemher 16, 1861. 

My Lord : I enclose, for your excellency's infonnation, and for communica- 
tion to the French government, copies of communications, as marked in the mar- 
;gin,* which I have addressed to the admii-alty and to Sir Charles Wyke, on the 
subject of the projected operations against Mexico. 
I am, &c. 

RUSSELL. 



No. 85. 
Mr. Hammond to the Secretary to the Admiralty. 

Foreign Office, November IS, 1861. 

Sir : I am directed by Earl Russell to transmit to you, for the information 
of the lords commissioners of the admiralty, a copy of a despatch from her 
Majesty's ambassador at Paris, respecting the time of departure of the Spanish 
squadron for the coast of Mexico.t 
I am, &c. 

E. HAMMOND. 



» Nos. 80, 81, and 82. fNo. 84. 



380 THE PRESENT CONDITION OF MEXICO. 

No. 86. 
Earl Coicley to Earl Russell. 

Paris, November 19, 1861. 

My Lord : I fear that some longer time may elapse than is expected by her 
Majesty's government before the French squadron destined for Mexico can reach 
the Havana, as Admiral Jurien de la Gra\iere has insisted on all the vessels 
composing it rendezvousing in the first instance at Teneriffe. 
I have, &:c. 

COWLEY. 



No. 87. 
Sir J. Crampton to Earl Russell. 

[Extract.] 

Madrid, November 19, 1861. 

I have the honor to transmit, m translation, an extract from the official 
"Gazette" of this day's date, containing two royal decrees, the one appointing 
General Prim to be commandant-in-chief of the expeditionary corps to Mexico; 
the other appointing him to be plenipotentiary for the settlement of the questions 
pending with the republic of Mexico. 



Enclosiire 1 in No. 87. 



Extract from the Madrid ''Gazette" of November 19, 1861. 

[Translation ] 

WAR DEPARTMENT. 

Royal Decree. 

In consideration of the qualifications of Lieutenant General Don Juan Prim, 
Marquis of Castillejos, I name him commandant-in-chief of the expeditionary 
corps to Mexico. 

Given in the palace, November 3, 1861. 

(Signed by the royal hand.) 
Leopoldo 0'Do.\nell, 

Minister of War. 



THE PEESENT CONDITION OF MEXICO. 381 

Enclosure 2 in No. 87. 

Extract from the Madrid '■•Gazette" of November 19, 1861. 

[Translation.] 

DEPAETMENT OF STATE. 

Royal Decree. 

In consideration of the peculiar qualifications of Don Juan Prim, Count of 
Hens, Marquis of Castillejos, I appoint him my plenipotentiary for the settle- 
ment of the questions pending with the republic of Mexico. 

Given in the palace, November 17, 1861. 



Saturnino Calderon Collantes, 

Minister of State. 



(Signed by the royal hand.) 



No. 88. 
Sir C. Wyke to Earl Russell. 



Mexico, October 28, 1861. 

My Lord: During the past month nothing worthy of note has taken place to 
change either for better or worse the chronic state of misery and disorder into 
which this unfortunate country has fallen, from the incapacity of its rulers, and 
the bitter spirit of party hatred which animates its contending factions. 

Marquez and the other chiefs of the reactionary party, after having for a while 
wiOidrawn from the immediate vicinity of Mexico, have retraced their steps, and 
are now within twenty leagues of the capital with a force variously estimated at 
between 3,000 and 4,000 men. 

A few days ago Marquez paid a second A'isit to the mining establishment of 
Real del Monte, in which English capital to a large amount is invested, and 
levied another forced contribution there to the amount of $-50,000. Before 
he had time to do more mischief he was attacked by the government forces under 
General Tapia, who forced him to retreat, Avith the loss of six guns and the 
greater part of his badly armed infantry. He appears to have retired, however, 
in pretty good order, and having got between the government troops and the 
capital, actiially intercepted and captured Tapia's despatches, giving an account 
of the late \dctory. 

The action of congress is entirely nullified by the opposition, which, without 
any real policy of their own, counteract every measiu'e supported by govern- 
ment from a feeling of personal hostility to the president, whom they wish to 
displace, without apparently having chosen anybody to succeed him, should 
their efforts eventually be crowned Avith success. 

Every day's experience only tends to prove the utter absurdity of attempting 
to govern the country with the limited powers granted to the executive by the 
present ultra-liberal constitution, and I see no hope of improvement unless it 
comes from a foreign intervention, or the formation of a rational government 
composed of the leading men of the moderate party, who, however, at present 
are void of moral courage and afraid to move, unless with some material support 
from abroad. 

I have, &c. 

C. LENNOX WYKE. 



382 THE PKESENT CONDITION OF MEXICO. 

Xo. 89. 
Sir C. Wyhe to Earl Russell. 

[Extract.] 

Mexico, October 28, 1861. 

I was much gratified in learning, by the receipt of yonr lordship's despatches-- 
of the 21st and 31st of August last, that the line of conduct I adopted iu 
negotiating with this government to obtain the repayment of the S660,000' 
stolen from the legation, and the 8400,000 from the Laguna Seca conducta,. 
as reported in my correspondence of the months of June and July last, had 
been entirely approved of by her Majesty's government. 

The instructions contained in your lordship's despatch of the 21st of Augnist 
enabled me to act in the only way that can be successful with a government 
which, from the patient forbearance hitherto shown by her Majesty's govern- 
ment, had come to the conclusion that they could commit any and every outrage- 
with impimity. 

I Avas unwilling to use the power with which your lordship had invested me 
by sending in an ultimatum, without first of all trying to reason them into the- 
necessity of complying with the demands which, just in themselves, would soon 
be urged in such a manner as to compel the government of the republic to listen, 
to them with attention. 

With this object in view, I wrote a note to Senor de Zamacona, the minister 
for foreign afiiiirs, informing him that I had received by the English mail, which, 
had just arrived, instructions from her Majesty's government, the tenor of which 
I was anxious to acquaint him with. He immediately replied that he would 
call on me at 4 o'clock the same day, at which hour he dialy arrived at the^ 
legation. 

C)n my informing him of the nature of your lordship's instructions, and even 
reading them to him, in order that no doubt should exist on the subject, he was 
as much astonished as alarmed, and expressed ai\ earnest wish that I shoiild not 
communicate with him in writing on a subject so serious until he had acquainted 
the president and his colleagues, the other ministers, with the actual state of the 
case, after which he would call on me again and acquaint me with the views of 
his goA'ernment. 

Eight days elapsed Avithout my seeing him, and he then returned to negotiate 
with me for the settlement of a question the gravity of Mhich he had at length, 
become fully aware of From that day to this, that is to say, during three 
weeks, he has been with me for two hours at least out of every twenty-four, 
urging the impossibility of complying with your lordship's demands, and trying- 
to obtain better terms than those I insisted on. 

I told him that I was willing in every Avay to spare their am&ur propre and 
extreme susceptibility as far as was consistent with my duty, but that the essen- 
tial substance of what Avas required must be conceded, or else I shouUl withdraw 
the mission from the republic, which A\-ould thus have to bear the responsibility 
of a refusal. 

The two principal objections to be overcome consisted in the repayment of the 
$660,000 robbed from the legation, and the appointment of interventors at 
the different ports ; the first, because it involved the necessity of their practi- 
cally recognizing a jtrinciple they had hitherto always repudiated, viz., tlieir 
rfsponsibility for the acts of the other government; and the second, because the 
lirescnc(' of such agents Avas looked on as a national humiliation, Avliich it would 
be disgraceful in them, as a government, to consent to. 

Added these was the all but impossibility of their procuring resources avIucU 



THE PRESENT CONDITION OF MEXICO. 383 

would enable them to comply with our demands. At this juncture Mr. CorAvin, 
the United States minister, informed them that he had instructions to negotiate 
a convention with them, by which, on their giving certain guarantees, such as 
pledging the remains of their church property, waste lands, &c., the American 
government would engage to pay 3 per cent, interest annually on their English 
debt, for the space of five years, provided at the end of that time Mexico would 
repay the money so advanced with 6 per cent, interest thereon. 

Senor de Zamacona at once wished to hand me over to my American colleague, 
who, he felt sure, would guarantee the payment of the interest on the English 
debt, and thereby settle the very disagreeable questions existing between his 
government and this legation. He seemed so pleased with this' new solution of 
his pressing difficulties that it was quite painful to wake him out of his happy 
day-dream by the declaration that such a combination could not be entertained, 
and that his government alone must be held responsible for what it oM'ed us. 

After he had recovered from the perception of this unpleasant truth, he 
reflected that the money would still be forthcoming, and that he had only first 
of all to receive it from the United States in order to pay it back again to Great 
Britain. This point once settled, we set to work again, Avhen he immediately 
stumbled over the insurmountable difficulty of the appointment of interventors 
for the reasons already stated, and, as if that was not sufficient, declared the 
impossibility of finding funds from which to pay the legation and Laguna Seca 
robberies. 

To this I replied, that if they refused our conditions, we should appoint the 
interventors, and by seizing their poi-ts with a naval force, pay ourselves and 
their other creditors out of the duties levied at such ports. This brought him 
back again to the point from Avhich we had diverged, and he then said, with 
some degree of truth, that, independent of the difficulty of getting the president 
to look at the question in its proper point of view, it was useless to wound the 
susceptibilities of the nation, as any agreement he made with me Avhich had 
that result was certain to be repudiated by the congress, and would utterly de- 
feat the object we had in vieAv. I then persuaded him that Avhat I required 
could easily be reconciled A\itli the national honor, and eA-en proA-e highly ad- 
vantageous to the pecuniary interests of the republic, by giA'ing it another form 
and putting aside the name of " interventor " altogether. This point at length 
settled, as I aa'III hereafter explain, the next question Avas Avhere the money Avas 
to come from AvhercAvith to pay the sums before referred to, as 59 per cent, of 
their import duties being mortgaged to us alone, it was clear it could not be 
taken from the remaining 41 per cent, out of Avhich they have to pay the French 
couA^ention and other assignments to foreign creditors. 

Some time ago they made OA-er 20 per cent, of some extra duties, called 
"mejoras materiales," to Don Mamiel Escaudon for the purpose of aiding him 
to construct a railroad between this city and Vera Cruz. Noav as this railroad 
plan is little better than a chimera, and they have no right to squander their 
money in this AA'ay Avhilst leaA-ing their debts unpaid, I suggested the propriety 
of stopping Don Manuel's alloAvance, and employing one-half of it tOAvards the 
liquidation of their debt to us, and keeping the other for their own more pressing 
necessities. 

I Avill not any longer take iip your lordship's time by detailing the means by 
which, in long and Aveary intervieAvs, I day by day gained my ground, until at 
length I think I may say I have carried my point, and brought Senor Zamacona 
to agree to a settlement of the difficulty on terms Avhich, although slightly 
modified in form from what your lordship instructed me to demand, AA'ill still in 
substance, I trust, proA^e satisfactory to her ^Majesty's goA'ernment. 

Our interA'ieAvs only terminated this afternoon ; and as soon after the departure 
of the English mail as possible, I shall draAv up the articles of a conA'ention 
embodvine: the folio Avino- ajTreement : 



384 THE PRESENT CONDITION OF MEXICO 

1. Repayment of the legation and Laguna Seca robberies, with 6 per cent, 
interest on the first and 12 per cent, interest on the second, by the additional 10 
per cent, on extra import duties above referred to as "mejoras materiales." 

2. The payment of arrears of interest due to the London and convention 
bondholders to be made good by consigning 30 per cent, of the import duties at 
all the ports for the former, and 29 per cent, for the latter, until said an-ears are 
paid off, when the percentage on such duties will again revert respectively to 25 
and 12 per cent, as heretofore. 

3. Such sums owing to both classes of bondholders as were in the hands of 
the custom-house authorities at the time of the suspension of payments caused 
by the hiAv of the 17th of July last, shall be paid out of the aforesaid 10 per cent, 
extra duties styled "mejoras materiales," which, as already stated, are set aside 
for paying the claims arising out of the legation and Laguna Seca robberies ; and 
these payments shall be made of said extra duties when the losses caused by 
those robberies have been reimbursed. 

4. The consuls at the different ports shall be authorized to claim the inspection 
of any books, accounts, documents, or manifests in the respective custom-houses, 
as they consider necessary to verify the receipts and accounts of the same ; and, 
finally, any commercial house paying duties to the government on goods imported 
•without first of all receiving the receipts from the bondholders' agents for their 
percentage on such duties shall, as well as the custom-house authorities, render 
themselves liable to be sued by law for the recovery of double the amount of 
such duties. 

5. Before signing the convention containing the above stipulations, the govern- 
ment Avill address me an official note engaging to use their best efforts to caiTy a 
measure through congress for the alteration of the tariff", whereby the duties on 
English manufactured goods shall be reduced to nearly one-half of what is now 
levied on them. 

Such, my lord, is the outline of the convention which I hope to sign with this 
government in the course of the ensuing month ; ajid if I succeed in doing so, I 
think the bondholders will have every reason to be satisfied with the bargain 
made for them. 

As it would have been impossible for this government to fulfil such engage- 
ments Avithout the pecuniary aid afforded to them by the American government, 
and as that aid will not be forthcoming until the month of January next, the 
stipulations of this convention will not come into force until that period, dating 
from the 1st day of the month. 

The extended power given to oin- consuls, together with the agent's right to 
prosecute all parties defrauding the bondholders of their proper percentage on the 
duticiS, are advantages only to be equalled by those arising from extending the 
collection of such percentage to all the ports in the republic, instead of its being 
confined to Tampico and Vera Cruz. 

The reduction in duties >vill also have an immense effect in largely increasing 
our commercial relations with this country, Avhich have hitherto been cramped by 
the enormous duties levied on our manufactured goods. 

\Yith these people one must never count on anything until it is actually done; 
therefore I must not boast of my success luitil the convention is actually signed, 
whicli I hope it will be within the next fortnight. 

As it was under tlic pressure of fear that this government has yielded, it be- 
comes absohitely necessary, for our future prestige and infiuence here that a 
respectable naval force shall soon make its appearance in the waters of Vera 
Cruz, and in the event of the ^Mexican government ever failing to comply with 
the engagements which they have entered into, I should be authorized to employ 
sudi naval force as 1 coiild then procure from Jamaica or elsewhere, in ordi'r to 
force them to perform their duty, without waiting until 1 could obtain instruc- 
tions from home to that effect. 



THE PRESENT CONDITION OF MEXICO. 385 

With such power placed in my liancls I should be able to prevent much mis- 
chief, as well as future annoyance to her Majesty's government. 

I cannot speak in terms of sufficient praise of my American colleague, Mr. 
Corwin, who throughout this transaction has acted with me most cordially, hav- 
ing refused to negotiate his convention with this government until he learnt from 
me that I had settled all pending difficulties with them, as he was determined 
that the money to be advanced by his goA^ernment should be applied for the 
purpose it was intended, and not uselessly squandered, as it otherwise would 
have been, to no purpose. 

As the interest due on the French convention is a mere trifle in comparison to 
ours, I have strongly urged this government to satisfy the just reclamations of 
the French legation with respect to its suspension, and they have assured me 
that they will use their best efforts to come to some satisfactory arrangement of 
this question with M. de Saligny. 



Xo. 90. 
Earl Russell to Sir J. Crampton. 

Foreign Office, November 2S, 1861. 

Sir : I received last night, from Sir Charles Wyke, a despatch dated the 2Sth 
of October, the substance of which I propose now to communicate to you. 

I should explain, in the first instance, that in the proceedings rejiorted in this 
despatch Sir Charles Wyke Avas engaged in carrying out the instructions con- 
tained in my despatch to him of the 21st of August, of Avhich a copy is herewith 
enclosed for your information,* and from which you Avill learn the nature of the 
demands which he Avas at that time instructed to make on the government of 
Mexico in the name of her Majesty's government. 

On the receipt of this instruction Sir C. Wyke placed himself in conmmunica- 
tion Avith the Mexican authorities, Avith the AicAV, if possible, to avoid the necessity 
of presenting an ultimatum. 

The tAvo principal difficulties Avhicli Sir C. Wyke had to meet in the course of 
the discussions which folloAved were, first, the objection to the repayment of the 
sum robbed from her Majesty's legation; and, secondly, the proposed appointment 
of interventors at the ports. 

The objection to the first of these demands was grounded on the principle that 
the actual authorities do not hold themselves responsible for the acts of their 
predecessors ; and as regards the interventors, it Avas urged that such an arrange- 
ment woixld be regarded as a national humiliation AA''hich it would be disgraceful 
for the Mexican government to consent to. 

The impossibility of raising funds to meet the pecuniary demands of her Ma- 
jesty's government Avas also urged upon Sir C. Wyke. But a proposal made by 
the minister of the United States placed the matter in a ncAv aspect. 

That minister informed the Mexican authorities that he had instructions to 
negotiate a convention with them by Avhich, on their giving certain guarantees, 
such as pledging the remains of the church property, Avaste lands, &c., the Amer- 
ican government would engage to jiay 3 per cent, per annum on the Mexican 
debt to England for the space of five years, provided that at the expiration of 
that period Mexico Avould repay the money so advanced, Avith 6 per cent, interest 
thereupon. 

The difficulties raised as to the repayment of the legation and Laguna Seca 
robberies, and as to the appointment of interventors, came next under discussion; 

« No. 15. 
H. Ex. Doc. 100 25 



386 THE PRESENT CONDITION OF MEXICO. 

but Sir C. TVyke states that he eyentiially can-ied his point, and that he thinks 
he may say that he has brought Sefior Zamacona, with -whom the discussion 
was carried on, to agree to a settlement on tenns which, though shghtly modified 
from those proposed, might still prove satisfactory to her Majesty's government. 

The terms thus arrived at are contained in the articles herewith enclosed for 
your information,* and which Sir C. Wyke proposed immediately to embody in 
the form of a convention, which he states that he hoped he should succeed in in- 
ducing the Mexican government to sign in the course of last month. 

As it was understood that it would be impossible for the Mexican government 
to fulfil such engagements without the pecuniary aid afforded to them by the 
American government, and as that aid was not to be forthcoming until the month 
of January next, it was arranged that the stipulations of the proposed conven- 
tion should not come into force until the 1st of January, 1862. 

Such is the state of the case as reported by Sir C. Wyke; but with reference 
to the fact that the convention was not yet signed, and that the terms agreed 
upon had only been conceded under the pressure of fear. Sir C. Wyke has urged 
the presence of a naval force at Vera Cruz, and that he should be authorized, in 
case of necessity, to have recourse to force to compel a compliance with the 
British demands as then made. 

Sir C. Wyke has fiu-ther urged the Mexican government to satisfy the claims 
of the French legation as regards the suspension of interest due on the French 
convention, and the Mexican government have assured him that they woidd use 
their best efforts to come to some satisfictory arrangement with M. de Saligny. 

Having stated the history of these negotiations, and the result which has been 
reached, I have now to communicate to you the view which her Majesty's gov- 
ernment take of this transaction. 

The terms obtained by Sir Charles Wyke fulfil, generally speaking, the sep- 
arate requirements of Great Britain ; but no security is obtained that those terms 
will be observed any better than former stipulations and engagements. 

That security, if to be found at all, is to be foimd in the convention which 
her Majesty has concluded with France and Spain. 

The advantage of having obtained the consent of the Mexican government to 
these conditions consists, first, in the precision with which Sir Charles Wyke 
has drawn up the British demands ; and, secondly, in the assent of the Mexican 
authorities to the terms thus laid before them. 

The task of the British commissioner is thus rendered easy, and the work of 
our respective missions will be facilitated. 

It would greatly add to the fticility and abridge the time of negotiation if the 
government of the Queen of Spain should be able to communicate to her Majesty's 
government the terms which they would think it necessary to require for the 
reparation of the wrongs they have sustained at the hands of Mexico, and the 
safety of their subjects for the future. 

I am, &c., RUSSELL. 



No. 91. 
Earl Russell to Eai-l Cuicley. 



Foreign Office, Deccmher 2, 1S61. 

My Lord: I received on the 27th instant, from Sir C. Wyke, a despatch 
dated the 28th of October, the substance of which I propose now to connnunicate 
to you. 

o See page 117. 



THE PRESENT CONDITION OF MEXICO. 387 

I should explain, in the first instance, that in the proceedings reported in this 
despatch Sir 0. "Wyke was engaged in carrying out the instructions contained 
in my despatch to him of the 21st of August, of which a copy is hercAvith enclosed 
for your information,* and from Avhich you will learn the nature of the demands 
which he Avas at that time instructed to make on the government of Mexico in 
the name of her Majesty's government. 

On the receipt of this instruction Sir C. Wyke placed himself in communica- 
tion with the Mexican authorities, with the view, if possible, to avoid the necessity 
of presenting an ultimatum. 

The tAvo principal difficulties which Sir 0. Wyke had to meet in the discus- 
sions which followed were, first, the objection to the repayment of the sum 
robbed from her Majesty's legation; and, secondly, the proposed appointment of 
interventors at the ports. 

The objection to the first of these demands was granted on the principle that 
the actual authorities do not hold themselves responsible for the acts of their 
predecessors ; and, as regards the interventors, it was urged that such an arrange- 
ment would be regarded as a national humiliation, Avhich it would be disgraceful 
for the Mexican government to consent to. 

The impossibility of raising funds to meet the pecuniary demands of her- 
Majesty's government was also urged upon Sir C. Wyke, but a proposal made- 
by the minister of the United States placed the matter in a new light. 

That minister informed the Mexican authorities that he had instructions to* 
negotiate a convention with them, by Avhich, on their giA^ing certain guarantees,, 
such as pledging the remains of the church property, waste lands, &c., the 
American government would engage to pay 3 per cent, per annum on the 
Mexican debt to England for the space of five years, provided that at the 
expiration of that period Mexico would repay the money so advanced, with 6 
per cent, interest thereupon. 

The difficulties raised as to the repayment of the legation and Laguna Seca 
robberies, and as to the a])pointment of interventors, came next under discussion;, 
but Sir C. Wyke states that he eventually carried his point, and that he thinks- 
he may say that he has brou»,-ht Seiior Zamacona, Avith AA'hom the discussion 
was carried on, to agree to a settlement on terms AAdiich, though slightly modified 
from those proposed, might still prove satisfoctory to her Majesty's government. 

The terms thus arrived at are contained in the articles hercAvith enclosed for- 
your information,! and Avhich Sir C. Wyke proposes immediately to embody in, 
the form of a convention, Avhich he states that he hoped he should succeed in. 
inducing the Mexican government to sign in the course of last month. 

As it Avas understood that it would be impossible for the Mexican government 
to fulfil such engagements Avithout the pecuniary aid afforded to them by the- 
American government, and as that aid Avas not to be forthcoming until the month 
of January next, it Avas arranged that the stipulations of the proposed convention 
should not come into force until the 1st of January, 1S62. 

Such is the state of the case, as reported by Sir C. Wyke; but Avith reference- 
to the fact that the convention Avas not yet signed, and that the tenns agreed, 
upon had only been conceded under the pressure of fear. Sir C. Wyke has urgedi 
the presence of a naA'al force at Vera Cruz, and that he should be authorized,. 
in case of necessity, to have recourse to force to compel a compliance AAith the 
British demands as there made. 

Sir 0. Wyke has further urged the Mexican government to satisfy the claimS' 
of the French legation as regards the suspension of interest due on the French 
convention, and the Mexican government have assured him that they Avould use 
their best efforts to come to some satisfactory arrangement A\dtli M. de Saligny.. 

Having stated the result of these negotiations, and the result AAdiich has been 



ONo 15. t See page 117. 



388 THE PRESENT CONDITION OF MEXICO. 

readied, I have now to communicate to yoti tlie view which her Majesty's gov- 
ernment take of this transaction. 

The terms obtained by Sir C. Wyke fulfil, generally speaking, the separate 
requirements of Great Britain. But no security is obtained that those terms will 
be observed any better than any foimer stipulations and engagements. 

That security, if to be found at all, is to be found in the convention which 
her Majesty has concluded with France and Spain. 

The advantajre of having; obtained the consent of the Mexican srovernment to 

Do ~ 

these conditions consists, first, in the precision which Sir C. Wyke has drawn 
up the British demands ; and, secondly, in the assent of the Mexican authorities 
to the teiTus thus laid before them. 

The task of the British commissioners is thus rendered easy, and the work of 
our respective missions Avill be facilitated. 

It would greatly add to the facility and abridge the time of negotiation if the 

government of the Emperor of the French should be able to communicate to her 

Majesty's government the tenns which they would think it necessary to require 

for the reparation of the wrongs they have sustained at the hands of Mexico, 

.and the safety of their subjects for the future. ' 

I am, &c., 

RUSSELL. 



No. 92. 
Earl Russell to Earl Cowley. 



Foreign Office, Decemler 4, 1861. 

My Lord : In the present state of our relations with the United States, her 
^Majesty's government propose to send one line-of-battle ship and two frigates 
.only to. form part of the expedition to Mexico. 

The. number, of supernumerary marines will be 700. 
J am, &c., 

RUSSELL. 



No. 93. 
Marl Russell to Sir J. Crajnpton. 

Foreign Office, December 4, 1861. 

Sir: In the present state of our relations with the L^nited States, her Majesty's 
goveniment propose to send one line-of-battlc ship and two frigates only to form 
part of the expedition to Mexico. 

The number of supernumerary marmes will still be 700. 
I am, &c., 

RUSSELL. 



THE PEESENI CONDITION OF MEXICO. 389 

No. 94. 
Earl Cowley to Earl Russell. 

Paris, December 3, 1861. 

My Lord : I have communicated to M. Thouvenel your lordship's despatch, 
No. 1324, of yesterday's date, in which your lordship infonns me of the nego- 
tiations which have taken place between Sir Charles Wyke and the Mexican 
minister for foreign affairs for the settlement of British claims on the Mexican 
government. 

M. Thouvenel did not make any other remark than that he regretted that he 
could not communicate to her Majesty's government the tenns Avhich the impe- 
rial government would require for the reparation of the wrongs they have sus- 
tained, and for the safety of French subjects in future. He had not himself the 
necessary information to enable him to form an opinion, and he had been unable, 
therefore, to furnish any instructions on this head to Admiral Jurien de la Gra- 
viere, which he had much desired to do. All that he could say was, that the 
greater part of the French claims were pro\dded for by the convention which 
the Mexican government had set aside ; and, with regard to the others, he must 
leave it to the discretion of the commissioners to examine into and settle their 
amount. 

I have, &c., 

COWLEY. 



No. 95. 
Lord Lyons to Earl Russell. 



Washingtox, November 29, 1S61. 

My Lord : M. Mercier and I received last week our instructions and full 
powers with regard to inviting the accession of the United States to the conven- 
tion for combined operations against Mexico, which was signed in London on 
the 31st of last month. But the full powers and instructions for M. Tassara, 
the Spanish minister, have not yet reached him. M. Mercier and I have there- 
fore been obliged to defer addressing to the government of the United States 
the formal invitation to accede to the convention. M Mercier, however, on the 
23d ultimo told Mr. Seward that instructions had been received by me and by 
himself, and that we should be glad to make the invitation, either collectively 
or separately, as he pleased ; in fact, to make it in whatever form he thought 
most convenient. 

Mr. Seward said that he presumed the invitation would be in Avriting, but that 
he was indifferent about the point of foi-m. He did not give any hint of the 
nature of the answer which he should make on behalf of the United States 
government. 

M. Tassara expects to receive his instructions to-morrow or the next day. 
I have, &c., 

LYONS. 



390 THE PRESENT CONDITION OF MEXICO. 

No. 96. 
Lord Lyons to Ea?-l Russell. 

Washixgton, Der.emher 3, 1861. 

My Lord : Witli reference to my despatcli of tlie 29tli ixltimo, I have the 
lionor to inform yonr lordship that ou the following day M. Tassara, the Spanish 
minister, received the instnictions and full powers necessary to enable him to 
join M. Mercier and me in inviting the government of the United States to ac- 
cede to the convention for combined operations against Mexico, which was signed 
in London on the 31st of October last. We lost no time in addressing a collec- 
tive note to Mr. Seward, inviting, in the name of the go^"ernments of Great 
Britain, France, and Spain, the accession of the United States to the convention. 
I have the honor to enclose a copy of the note. No answer has yet been made 
to it. 

I have, &c., 

LYONS. 



Enclosure in No 96. 
MM. Tassara and Mercier and Lord Lyons to Mr. Seward. 

Washington, cc 30 Novcffibre, 1861. 

Les soussignes, envoyes extraordinaires et ministres plenipotentiaires de leiirs 
Majestt'S la Kcine d'Espagne, I'Empereur des Fran^ais, et la Reine du Eoyaiime 
Uni de la Grande Brctagne et d'Irlande, ont I'honneur de transmcttre ci-joint a 
I'honorablc Secretaire d'Etat le texte d'une convention conclue a Londres le 31 
Octobre entrc leurs sonverains rcspectifs, dans le but d'obtenir par une action 
commune le redressement de lem-s griefs centre la republique dn Mexiqiie. 

Ainsi qu'il a ete stipule entre les hautes parties contractantes, les soussignes 
ont re^u I'ordre d'inviter le gouvernement des Etats-Uuis a acceder a cet acta ; 
et en adressant cctte invitation a I'honorablc Secretau-e d'Etat, ils s'empressent 
de I'informer qu'ils sont munis de pleins poitvoirs necessaires a I'effet de con- 
clure et de signer collectivement ou separement avec le plenipotentiaire designe 
par le President des Etats-Unis une convention identique. 

Rien ne serait plus agreable aux gomTrnements d'Espagne, de France, et de 
la Grande Bretagne que de voir celui des Etats-Unis accucillir favorablemcnt 
leur proposition, et en priant I'honorablc Secretaire d'Etat de vouloir bien leur 
faire conuaitre la decision du President, les soussignes, &c. 

GABRIEL J. TASSARA. 
HENRI MERCIER. 
LYONS. 



No. 97. 
Sir J. Cramjilon to Eai'l Russell. 

Madrid, December 10, 186 1. 

Mv Lord : On the receipt of your lordship's despatch of the 4th instant, I 
immediately informed Marshal O'Donncll that, in the present state of our rela- 



THE PEESEXT CONDITION OF MEXICO. 391 

tions with tlie United States, her Majesty's government proposed to send one 
line-of-battle ship and two frigates only, to form part of the expedition to 
Mexico. 

I have, &c., 

JOHN F. CEAMPTON. 



Xo. 98. 
Sir J. Crampton to Earl Russell. 

Madrid, Deccmher 15, 1861. 

My Lord : I have communicated to M. Calderon Oollantes the substance of 
your lordship's despatch of the 28tli ultimo, giving the history of the negotia- 
tions between Sir 0. Wyke and the Mexican government, and the result which 
had been reached ; and acquainting me, at the same time, A\'ith the view which 
her Majesty's goveriimcnt take of this transaction. 

I told M. Calderon CoUantes that the terms obtained by Sir Charles AVyke 
fulfil, generally speaking, the separate requirements of Great Britain ; but I 
added that the agreement which had been thus come to with the Mexican gov- 
ernment in no Avay altered the position of her Majesty's government as regards 
the convention which Great Britain had concluded with 1' ranee and Spain. 

That convention, I obsci-ved, affords in fact the only security that the terms 
agreed upon by the Mexican government on this occasion shall be better observed 
than former stipulations and engagements. 

The advantage, therefore, of having obtained the consent of the Mexican gov- 
ernment to these conditions consists in the precision with Avhich the British de- 
mands have been stated, and the assent of the Mexican authorities to the temis 
laid before them. 

The task of the British commissioners was, I remarked, thus rendered easy, 
and the work of our respective missions would be facilitated ; but it Avas the 
opinion of her Majesty's government that it would greatly add to that facility 
if the government of the Queen of Spain should be able to communicate to 
them the terms which her Catholic Majesty's government would think it neces- 
sary to require for the reparation of the wrongs they had sustained at the 
hands of Mexico, and the safety of their subjects in futiu-e. 

M. Calderon replied that he entirely entered into the views of her Majesty's 
govenunent in this respect, and that, as far as Spain was concerned, nothing 
could be easier than to state with precision the temis which she on her part 
would require of the Mexican government. These terms are, in fact, embodied 
in the convention concluded with Miramon, and confirmed by the treaty Mon- 
Almonte, which had been repudiated by the succeeding government of Mexico 
upon the same monstrous principle which the Mexican government had attempted 
to oppose to the demands of Sir C. Wyke, viz : that the actual authorities do 
not consider themselves responsible to foreign nations for the acts of their prede-, 
cessors. Upon the fulfilment of these engagements the Spanish government 
would insist, and all that they would demand in addition to them would be the 
infliction of due punishment upon the perpetrators of the assassinations which 
had since been committed upon Spanish subjects. 

This, he considered, however, to be a capital point ; for if the Mexican gov- 
ernment was unable or unwilling to administer justice in such flagrant cases, 
what hope could we entertain of their fulfilling other engagements ? If the lives 
of British subjects had in any instance been sacrified, he presumed that as a 
matter of course the punishment of the assassins would be made by her Majes- 



392 THE PEESEXT CONDITION OF MEXICO. 

ty's government a primary condition to any aiTangcmeut "witli the Mexican gov- 
eniment. 

In conclusion, M. Calderon expressed the opinion that the readiest way of 
coming to the understanding proposed by her Majesty's goyenament, with a \aew 
to facilitating the negotiations, would be that the commissioners of Spain and 
England should be instructed by their respective governments to communicate to 
each other the terms which each would think it necessary to insist upon in satis- 
faction for past wrongs, and as security for the future obsei-vance of inteniational 
duties by Mexico. 

I have, &:c., 

JOHN F. CRAMPTON. 



No. 99. 
M. Isturiz to Earl Russell. 



LoNDRES, 22 de Diciemhre de I98I. 

My Lord : Cuando se celebro el convenio de 31 de Octubre para an-eglar la 
accion mancomunada de Inglateira, Espaiia, y Francia en la repiiblica de Mejico, 
tuve el honor de advertir a vviestra excelencia, de parte de mi gobienio, que si 
no llegalian a tiempo las ordenes que iban a enviarse al capitan general de Cuba, 
era posible que la expedicion Espanola saliese del puerto de la Habana sin agu- 
ardar la llegada de las otras escuadras. 

Debo ahora mauifestar a vuestra excelencia, de orden del gobiemo de la Reina 
mi augusta soberana, que las ultimas noticias de Cuba recibidas en Madrid, cor- 
respondientes al 26 de Noviembre, hacen todavia mas posible la eventualidad de 
que se trata. Parece efcctivameute que dispuesta hacia ya tiempo en la Habana 
y lista para darse a la mar la expedicioii Espanola, ignorandose alii si se habia 
firmado el convenio entre Inglaten-a, Espaiia y Francia, siendo por consiguiente 
desconocido cual seria el punto designado para la reunion de las tres escuadras ; 
y ocasionando gastos enonnes el mantener la prolongacion indefinida de una ex- 
pedicion militar tan considerable, el capitan general de Cuba, movido por estas 
poderosas consideraciones, hacia animo a aquella fecha de disponer la inmediata 
salida de las fnerzas Espaiiolas con direccion a Vera Cruz. 

Al dar aviso a vuestra excelencia de estos hechos, apenas necesito aiiadir que 
si realniente han llegado a verificarse, el Comandante de la expedicion Espanola 
habra llevado urdenes de ponerse en todo de acuerdo con las fuerzas de las dos 
potcncias amigas y aliadas que pudieran hallarse en las agnas de Mejico; y de 
todos modos, dado el caso de que el gefe Espanol haya roto las hostilidades y 
ocnpado a Vera Cniz y el Castillo de San Juan de Ulloa, esta ocupacion se 
entendera hecha en nonibre de las tres potencias coaligadas hasta que lleguen 
las escuadras de Inglaterra y Francia y se resuclva lo mas conveniente de comuu 
acuerdo. 

Con estc motivo, &:c. 

XAVIER E. ISTURIZ. 

[Trans-lation.] 

Spanish Lbgatiox, 

Lo?ido7i, December 22, 1861. 

Mv Lord: Wlien the convention of tbe 31st October was concluded for de- 
drtennining the joint action of England, Spain, and France, in the republic of 
Mexico, 1 had the honor to acquaint your excellency that if the orders which 



THE PRESENT CONDITION OF MEXICO. 393 

were to be transmitted to tlie captain general of Cuba should not reach him in 
time, it was possible that the Spanish expedition might leave the port of Havana 
without Avaiting for the anival of the other squadrons. 

I have now to inform yoiir excellency, by order of the government of the 
Queen my august sovereign, that the last intelligence from Cuba received in 
Madrid, reaching to the 26th November, shows this event to be still more likely. 
It appears, in fact, that the Spanish expedition had been for some time prepared 
at the Havana, and was ready to put to sea, as it was xxuknown there whether 
or not the convention between England, Spain, and France had been signed, 
and it was therefore unknown what place would be fixed upon for the meeting 
of the three squadrons ; and as the indefinite procrastination of so considerable 
a military expedition would occasion enoiTnous expense, the captain general of 
Cuba, moved by these weighty considerations, was hastening, at that date, the 
immediate departure of the Spanish forces to Vera Cruz. 

In making known these facts to your excellency, I need scarcely add that if 
this should have really taken place, the commandant of the Spanish expedition 
will have had orders to put himself, in everything, in accordance with the forces 
of the two friendly and allied powers which may be in the waters of Mexico ; 
and, at all events, supposing that the Spanish commander has commenced hos- 
tilities and taken possession of Vera Cr*iz and the Castle of San Juan de Ulloa, 
this possession will be imderstood as taken in the name of the allied powers, 
until the squadrons of England and France shall anive, and the most advisable 
action shall be determined by common accord. 
I have, &c., 

XAVIER E. ISTURIZ. 



No. 100. 
Earl Russell to Sir J. Crampton. 

Foreign Office, December 24, 1861. 

Sir : I enclose, for your infonnation, a copy of a note which I have received 
from M, Isturiz,* as to the course which would be pursued if the Spanish fleet 
should have left the Havana for Mexico before the anival of the allied squadrons. 
I am, &c., 

EUSSELL. 



No. 101. 
JSarl Russell to Sir J. Crampton. 

Foreign Office, December 24, 1861. 

Sir : With reference to the concluding paragraph in your despatch of the 
15th instant, I have to state to you that Sir C. Wyke will be instructed to act 
in the manner proposed by Senor OoUantes, and to communicate to the commis- 
sioners of Spain the terais which, so far as British interests are concerned, her 
Majesty's government Avould think it necessary to insist upon as satisfaction for 
past wrongs, and as security for the future observance of international duties by 
Mexico. 

I am, &c., 

RUSSELL. 

« No. 99. 



394 THE PRESENT CONDITION OF MEXICO. 

No. 102. 
Lord Lyons to Earl IxusseU. 

Washington, Beccmher 6, 1861. 

My Lord : I have tlie lionor to enclose a copy of a note addressed to M. 
Tassara, M. Mercier, and to mc, by wliicli the government of the United States 
announces its refusal to accede to the convention for combined operations against 
Mexico, which Avas signed in London on the 31st of October last. 

The note was sent last night to M. Tassara, Avithout any intimation that suni- 
lar notes had not been sent to M. Mercier and me. It consequently did not oc- 
cur to M. Tassara to connnunicate it to us ; and it Avas only accidentally that I 
learnt of its existence just in time to procure a copy for my messenger of to-day. 
I have, &c., 

LYONS. 



Enclosure ia No; 102. 
Ji)-. Seward to MM. Tassara and Mercier and Lord Lyons. 

Washington, December 4, 1861. 

The undersigned, Secretary of State of the United States, has the honor to 
acknoAvledge the receipt of a note Avhicli was addretised to him on the 30th day 
of November last, by M. Gabriel G. Tassara, minister plenipotentiary of her 
Majesty the Queen of Spain; M. Henri Mercier, minister plenipotentiary of his 
Majesty the Emperor of the French; and Lord Lyons, mhiistcr plenipotentiary 
of her Majesty the Queen of the United Kingdom of Great Britain and Ireland. 

With that paper the aforesaid ministers have submitted the text of a conven- 
tion Avhich Avas concluded at London on the 31st October last, betAveen the 
sovereigns before named, Avith the view of obtaining, throxigh a common action, 
the redress of their gricA'ances against the republic of Mexico. 

In the preamble the high contracting parties say that they have been placed, 
by the arbitrary and A'exatious conduct of the authorities of the republic of Mex- 
ico, under a necessity for exacting from the authorities a more etiectiA-e protec- 
tion for the persons and property of their subjects, as Avell as the execution of 
obligations contracted Avitli them by the republic of ]Mcxico, and liaA'e agreed to 
conclude a convention betAveen themselves, for the purpose of combining their 
common action in the case. 

In the first article the high contracting poAvers bind themselves to make, im- 
mediately after the signing of the convention, the necessary arrangements to 
send to the shores of Mexico land and sea forces combined, the I'ffective number 
of Avhich shall be determined in a further exchange of communications betAveen 
the goA'ernments, but the total of Avliich must be sufficient to enable them to seize 
and occiipy the A^arious fortifications and military positions of the Mexican sea- 
coast. Also, that the commanders of the allied forces shall be authorized to ac- 
complish such other operations as may, on the spot, be deemed most suitable for 
realizing the end s})ecified in the preamble, and especially for insuring the safety 
of foreign residents. -iVnd that all the measures which are thus to be carried 
into effect shall be taken in the name and on account of the high contracting 
parties, Avitliout distinction of the particular nationality of the lorces em])loyed 
in executing them. 

In the second article the high contracting parties bind themselves not to seek 



THE PRESENT CONDITION OF MEXICO. 395 

for themselves, in the employment of the coercive measures foreseen by the 
present convention, any acquisition of territory, or any peculiar advantage, and 
not to exercise, in the subsequent affairs of Mexico, any influence of a character 
to impair the right of the Mexican nation to choose, and fully to constitute, the 
form of its own government. 

In the third article the high contracting parties agree that a commission, com- 
posed of three commissioner, one appointed by each of the contracting powers, 
shall be established, with full power to determine all questions which may arise 
from the employment and distribution of the sums of money which shall be re- 
ceived from Mexico, having regard to the respective rights of the contracting 
parties. 

In the fourth article the high contracting parties, expressing the desire that 
the measures which it is their intention to adopt may not have an exclusive 
character, and recognizing the fact that the government of the United States, 
like themselves, has claims of its own to enforce against the Mexican republic, 
agree that immediately after the signing of the present convention a copy of it 
shall be communicated to the government of the United States, and that this 
government shall be invited to accede to it, and that, in anticipation of such ac- 
cession, their respective ministers at Washington shall be provided with full 
powers to conclude and sign, collectively or severally, with a plenipotentiary of 
the United States, to bo designated by the President, such an instrument. But 
as the high contracting parties would expose themselves, in making any delay 
in canying into effect Articles I and II of the convention, to peril in the end 
which they wish to attain, they have agreed not to defer, with a vicAV to obtain- 
ing the accession of the United States, the commencement of the stipulated ope- 
rations beyond the period at which their combined forces may be united in the 
vicinity of Vera Cruz. 

The plenipotentiaries in their note to the undersigned invite the United 
States to accede to the convention. The undersigned having submitted the sub- 
ject to the President Avill proceed to communicate his views thereon. 

First, as the undersigned has heretofore had the honor to infoi-m each of the 
plenipotentiaries now addressed, the President does not feel himself at liberty to 
question, and he does not question, that the sovereigns represented have un- 
doubted right to decide for themselves the fact Avhcthcr they have sustained 
grievances, and to resort to war with Mexico for the redress thereof, and have a 
right, also, to levy the Avar severally or jointly. 

Secondly, the United States have a deep interest, which, however, they are 
happy to believe is an interest held by them in common Avith the high contract- 
ing powers and Avith all other civilized states, that neither of the soA^ereigns by 
Avhom the conA'ention has been concluded shall seek or obtain any acquisition of 
territory, or any advantage peculiar to itself, and not equally left open to the 
United States and every other civilized state, Avithin the temtories of Mexico ; 
and especially that neither one nor all of the conti-acting parties shall, as a result 
or consequence of the hostilities to be inaugurated under the couA'ention, exer- 
cise in the subsequent affau'S of Mexico any iafluence of a character to impair 
the right of the Mexican people to choose, and freely to constitute, the form of its 
own government. 

The undersigned renews on this occasion the acknoAvledgment heretofore 
given, that each of the high contacting parties had infonned the United States, 
substantially, that they recognized this interest ; and he is authorized to express 
the satisfaction ot the President with the terms in Avhich that recognition is 
clearly embodied in the treaty itself. 

It is true, as the high contracting parties assume, that the United States have, 
on their part, claims to urge against Mexico. Upon due consideration, how- 
ever, the President is of opinion that it would be inexpedient to seek satisfac- 
tion of these claims at this time, through an act of accession to the convention. 



396 THE PRESENT CONDITION OF MEXICO. 

Among the reasons for tliis decision which the undersigned is authorized to as- 
sign, are, first, that the United States, so far as it is practicable, jirefer to adhere 
to a traditional policy recommended to them by the father of their coimtry, and 
confiiTued by a happy experience, which forbids their making alliances with 
foreign nations. Secondly, Mexico being a neighbor of the United States on 
this continent, and possessing a system of government similar to our own in 
many of its important features, the United States habitually cherish a decided 
good will towards that republic, and a lively interest in its security, prosperity, 
and welfare. 

Animated by these sentiments, the United States do not feel inclmed to re- 
sort to forcible remedies for their claims at the present moment, when the gov- 
ernment of Mexico is deeply disturbed by faction within, and exposed to war 
with foreign nations ; and, of course, the same sentiments render them still more 
disinclined to allied war against Mexico than to war to be m-ged against her by 
themselves alone. 

The undersigned is further authorized to state to the plenipotentiaries, for the 
infoiTQation of the sovereigns of Spain, France, and Great Britain, that the 
United States are so earnestly anxious for the safety and welfare of the republic 
of IMexico that they have already empowered their minister residing there to 
enter into a treaty with the Mexican republic, conceding to it some material aid 
and advantages which, it is hoped, may enable that republic to satisfy the just 
claims and demands of the said sovereigns, and to avert the war which those 
sovereigns have agreed among each other to levy against Mexico. The sover- 
eigns need not be informed that this proposal to Mexico has been made, not in 
hostility to them, but with a knoAvledge of the proceedings frankly communicated 
to them, and with the hope that they might find, through the increased ability 
of Mexico to result from the treaty, and her willingness to treat Avith them upon 
just terms, a mode of arresting the hostilities which it is the object of the con- 
vention now under consideration to inaugurate. 

What has thus ftir been done by the American minister at Mexico under 
these instructions has not yet become known to this government, and the infor- 
mation is looked for with deep interest. 

Should these negotiations offer any sufficient ground on which to justify a 
proposition to the high contracting parties in behalf of Mexico, the undersigned 
Avill hasten to submit such a proposition to those powers. But it is to be under- 
stood, first, that Mexico shall have acceded to such a treaty; and, secondly, that 
it shall be acceptable to the President and Senate of the United States. 

In the nigi^time the high contracting parties are informed that the President 
deems it his duty that a naval force should remain in the Gulf of Mexico, suffi- 
cient to look after the interests of American citizens in Mexico during the con- 
flict which may arise between the high contracting parties and that republic ; 
and, secondly, that the American minister residing in Mexico be authorized to 
seek such conference in Mexico with the belligerent parties as may guard either 
of them against inadvertent injury to the just rights of the United States, if any 
such shall be endangered. 

The undersigned having thus submitted all the views and sentiments of this 
government on this important subject to the high contracting parties in a spirit 
of peace and friendship not only towards Mexico, but towards the high contract- 
ing parties themselves, feels assured that there will be nothing in the watchful- 
ness which it is thus proposed to exercise that can aftbrd any cause for anxiety 
to any of the parties in question. 

The undersigned, &c. 

WILLIAM II. SEWARD. 



THE PRESENT CONDITION OF MEXICO, 397 

No. 103. 
Lord Lyons to Earl Russell. 

Washington, Decemher 9, 1861. 

My Lord : I have the honor to transmit to your lordship a copy of a col- 
lective note, by which M. Tassara, M. Mercier, and I have acknowledged the 
receipt of Mr. Seward's note of the 4th instant, conveying the refusal of the 
United States government to accede to the convention of the 31st October for 
combined operations against Mexico. 

I purpose to communicate a copy of Mr. Seward's note to Sir Charles Wyke, 
sending it under flying seal to Vice- Admiral Sir Alexander Milne. 
I have, (Sec, 

LYONS. 



Enclosure in No. 103. 
MM. Tassara and Mercier and Lord Lyons to Mr. Seivard. 

Washington, ce 7 Decembre, 1861. 

Les soussignds, envoyes extraordinaires et ministres plenipotentiaircs de leurs 
Majestes la Keine d'Espagne, I'Empereur des Franpais et la Reine du Royaume 
Uni de la Grande Bretagne et d'Irlande, out I'honncur d'accuser reception a 
I'honorable Secretaire d'Etat de la note qu'il a bien voulu Icur adresser sous le 
date du 4 de ce mois, en reponse a celle par laquelle ils lui ont communique le 
texte de la convention conclue a Londres entre leurs souverains dans le but de 
regler par une action commune leurs differends avec la republique Mexicaine, et 
ont invite le gouverncment des Etats Unis a acceder a cet acte. lis Aont s'em- 
presser de transmettrc cette reponse a leurs cours respcctives. 
Les soussignes, &c. 

GABRIEL J. TASSARA. 

HENRI MERCIER. 

LYONS. 



No. 104. 
Earl Russell to M. de Isturis. 

Foreign Office, December 24, 1861. 

M. LE MiNlSTRE : I have the honor to acknowledge the receipt of your note 
of the 22d instant, in which, in pursuance of instructions from your government, 
you have had the goodness to communicate to me the course which will be pur- 
sued if the Spanish fleet at the Havana should have left for JMexico prior to the 
arrival of the allied squadrons, and should have taken possession of Vera Cruz. 
I am, &c., 

RUSSELL. 



398 THE PRESENT CONDITION OF MEXICO. 

No. 105. 
Earl Russell to Sir J. Cramjyton. 

Foreign Office, December 27, 1861. 

Sir : I enclose for your infoi-mation copies of despatclies from Lord Lyons,* 
reporting tlie answer wliicli tlie government of tlie United States have returned 
to the invitation adressed to it to accede to the convention of the 31st of October 
for combined operations in Mexico. 
I am, &c., 

RUSSELL. 



No. 106. 

Sir C. Wyke to Earl Russell. 

[Extract.] 

Mexico, Novcjnher 25, 1S61, 

By the hist mail I was enabled to give your lordship some idea of the effect 
produced iipon President Juarez and his cabinet by the instructions contained 
in your lordship's despatches of the 21st and 31st of August last, Avhile I at the 
same time explained to your lordship for what reasons and to what extent I 
had taken upon myself the responsibility of modifying those instructions. 

The result of these modifications Avas, as I had the honor of stating in my 
despatch of the 28th ultimo, that I obtained a starting point from which to com- 
mence my operations with some chance of success. It would, of course, have 
been far easier to demaiid from this government a plain " yes" or " no" to the 
ultimatum I was instructed to present to them, but I felt sure her Majesty's 
government, determined though they Avere to obtain from Mexico the satisfaction 
that had been so long denied them, would prefer doing so by ordinary means to 
employing force. 

In order, therefore to obtain Avhat Avas required, I did not hesitate to adopt a 
line of conduct Avliich, by being someAvhat more palatable to the susceptible 
Mexicans, Avould not in reality interfere Avith the requirements of her Majesty's 
gOA'ernment. 

Your lordship Avill haA-e seen that, CA-en under these circumstances, it AA'as only 
after the greatest trouble I obtained the outline of a couA-cntion that Avas em- 
bodied in my despatch of the 28th ultimo, above alluded to. Since that time 
my difficulties have greatly increased. 

I nevertheless continued my negotiations Avith tliis goA'ernmont through the 
medium of their minister for foreign affairs, Avith Avhom I consented to treat 
unofficially at the legation, and it Avill noAv be my duty to lay before your lord- 
ship the results Avhich luwe been arriA'cd at. 

First of all comes the reduction of the tariff. I had informed Senor Zamacona 
that unless the goA'eniment consented to a honafide reductii)n it Avouhl be useless 
for us to think of negotiating a couA-ention having tor its basis the old system of 
duties; that her Majesty's goA'cnnnent insisted upon this point, and that it Avould 
be far better for his government to yield Avith a good grace than eventually to be 
forced into compliance Avith our demands. 

This, in the eyes of tlie minister for foreign affiiirs, seemed an insurmountable 
difficulty, for, said he, congress Avill be certain to throAV out any bill that carries 

o Nos. 97, 103, and 104. 



THE PEESENT CONDITION OF MEXICO. 399 

with it even the semblance of foreign interference. This I know to be too true, 
and I therefore proposed that the reduction should come apparently from con- 
gress itself, as a voluntary act resulting from the report of the mixed commission 
which some time back had been named for examming into the state of the present 
tariif. 

This idea struck Senor Zamacona as a good one, and he promised to do his 
best to have it carried out. Fresh obstacles, however, soon presented them- 
selves, while intrigues of every kind Avere being practiced to prevent congress 
sanctioning any reformation whatever in the tariff. 

Luckily at this moment the finance department was offered to a person of 
considerable merit, socially and politically, Seiior Gonzales Echeverria, who had 
just returned from Europe for the purpose of settling his affairs in the country 
previous to leaving it for good. 

When, however, Seiior Echevenia looked into the state of his department he 
found everything in such hopeless confusion that he refused to imdertake the 
charge. I was then asked to see him as a last hope. During our interview I was 
so much struck with his good common sense, and with the clear notion he had 
formed of his country's condition, that I tried to persuade him to accept office. 
At first he refused, telling me that it was too late to do any good, and that he 
was convinced nothing but foreign intervention could now save Mexico; but I 
am happy to say that I at least got him to consent to my request. 

His acceptance of office, added to my carefully abstaining from menacing con- 
gress in any way, and to Seiior Zamacona's untiring exertions, seem to have 
produced the desired effect, for ■\\'hen the tariff commission a few days ago pre- 
sented to congress their proposed refoi'm it was duly taken into consideration, 
and, though not accepted as it stood, Avas not de facto rejected. 

According to the existing tariff, goods, besides paying high import duties, 
were compelled to satisfy endless additional duties after leaving the custom- 
house, and before coining into the market. The commission therefore proposed 
a reduction of 50 per cent, on the import duties, and a further reduction, though 
not of an equal amount, on the additional duties. 

I at once, upon this plan of reform becoming kiioAvn, called a meeting of the 
British merchants here, in order to obtain their opinion in the matter. They, 
one and all, owned that the reduction was very much in favor of trade generally, 
but Mr. Whitehead, agent for the London bondholders, considered that as the 
assignments due to the body he represented came out of the import duties, and 
as those duties were to be diminished by one-half, Avhereas the additional duties, 
which Avere not taxed with assignments, Avere not reduced in the same propor- 
tion, he Avould be the loser, inasmuch as it Avould require the introduction of 
double the amount of goods annually to enable government to pay the bond- 
holders their assigned quota of import duties, and that such an CA^ent could 
hardly be expected Avith the additional duties at so high a figure. 

I explained that so long as Mexico, by reducing her tariff, really benefited 
trade, we had no right to insist upon her effectually crippling herself for the 
sake of being able actually to square the balance-sheet of the bondholder, or fix 
the exact ticket to be placed on each separate piece of shirting that came into 
the country. 

Congress, hoAvever, tlireAv out the proposal for a reduction of fifty per cent., 
and passed a laAv, copy of Avhich I beg to enclose hereAvith, by Avhich govern- 
ment was authorized to reform the tariff upon a basis of forty per cent, reduction 
on the import duties, and to reduce the additional duties by about forty-tAvo per 
cent., making a clear reduction on all duties to Avhich foreign goods are liable 
of somcAvhat more than forty-one per cent. 

This plan Avas preferable to the first for many reasons ; though it was not 
quite so beneficial for trade generally, yet it affected pretty equally both the 
bondholder and the merchant, and had the immense advantage of taking the 



400 THE PRESENT CONDITION OF MEXICO. 

tariff reform out of the hands of congress, and placing it under the sole control 
of government. 

When Sefior Zamacona asked me if I would consent to the system of reduc- 
tion on the above basis, I told him I could have no objection to it if government 
would add a clause clearly specifying that neither as regarding import, export, or 
additional duties, would any change Avhatever be allowed Avithout at least six 
months' notice being given. 

Here a fresh dispute arose, as it appeared to the minister for foreign affairs 
that my request implied a doubt as to the honesty of his government. I insisted, 
however, upon this clause as a sine qua non. Had I not done so the govern- 
ment might at any moment have added to their list of additional duties upon 
the plea of necessity, and so entirely annulled the advantges of the new tariff 
system. 

Besides the above clause, I have obtained a further one, providing for the tariff 
coming into operation within four months of its publication. The government 
wanted it to come into operation two months after date, Avhile the merchants 
required six months' law, so that I had no alternative but to take a period be- 
tAveen the tAvo. 

This, my lord, is the outline of the proposed new tariff; it Avill not be possible 
to have the tariff itself Avorked out in detail for this mail, and I can therefore 
merely give your lordship an idea of the result that will be produced by en- 
closing a comparative statement of duties payable on a supposed cargo under 
the old and new systems ; by which it Avill be seen that a cargo of merchandise 
Avhich is uoAV liable to 6100,000 import duties, and to $81,000 additional duties, 
Avould, under the ncAV system if honestly carried out, be subject to $60,000 im- 
port duties, and 846,500 additional duties ; thus paying $106,500 for all duties, 
instead of $181,000, this being equiA'alent, as I stated above, to a reduction on 
the Avhole duties paid by foreign merchandise of somewhat more than forty-one 
per cent. 

The tariff question being thus satisfactorily disposed of, I set to Avork again 
on the proposed convention, but found, as I anticipated, that in the interA-al fresh 
difficulties had sprung up, and that it AA^ould be absolutely necessary to modify 
the plan that Ave had originally proposed. This Avas a matter of comparative 
indifference to me, provided I obtained the essential points necessary to be 
secured. 

I Avill not weary your lordship by giving a detailed account of daily intenicAvs 
with Seiior Zamacona, in AAdiich as soon as one difficulty Avas got rid of another 
sprung up, and this in endless succession, until finally, on the 21st instant, I 
succeeded in persuading Seiior Zamacona to sign Avith me a couA-ention, copy of 
Avhich I have hcrcAvith the honor to enclose. 

In Article I the long-disputed question of the payment of those sums of money 
robbed from the conducta and the British legation is at length satisfactorily 
settled, by an extra assignment corresponding to ten per cent, of the import 
duties, to be taken out of that portion of the additional duties commonly known 
under the denomination of " mejoras materiales." 

In Article II, six per cent, on the $660,000 stolen from the legation, and tAveh'e 
per cent, on the money still due from the conducta robbery, is secured by an 
assignment on the same fund, to date from the time the money Avas taken. 

In Article HI, all treaties, conventions, and agreements heretofore concluded 
between the tAvo high contracting parties are declared to be binding in their 
totality on both ])arties, and the supreme decrees of the 14th of October, 1850, 
and the 23d of January, 1857, are likewise to remain in full force and vigor in 
all that concerns the London bondholders. 

Article IV settles the manner of payment of such sums of money OAving to the 
London bondholders and the convention bondholders as Avere in the hands of 



THE PRESENT CONDITION OF MEXICO. 401 

the custom-liouse authorities at the time all payments were suspended by the 
law of the 17th of July, together with six per cent, interest thereon. 

Article V secures the interests of the French convention and the arrears due 
on other claims as arranged by Admiral Penaud ; after the payment of which 
the quota belonging to the British convention bondholders shall be augmented^ 
as before agreed on, by two per cent, additional. 

Article VI gives the British consuls and bondholders' agents at all the ports in 
the republic the real hona fide powers of interventors, Avithout outraging the 
national feelings, as would have been done by the means proposed in the iilti- 
matum. 

Article VII secures the due and punctual payment to the bondholders of their 
proper share of the duties to be paid on every cargo arri-s'ing in a manner never 
before obtained, thereby saving the immense loss inflicted on them by the irreg- 
ular way in which these payments have hitherto been made to them. 

Article VIII settles the date from Avhich the several assignments above alluded 
to shall commence. 

Article IX frees the Mexican government from the responsibilities of a debtor 
from the time these several assignments are paid to the agents of the bondholders 
at the several ports. 

Article X stipulates that in all concerning either the appointment of inter- 
ventors with fuller powers, or the payment of assignments such as those above 
alluded to, no advantage shall hereafter be accorded to any foreign nation that 
is not by the same act also accorded to her Majesty's government. 

Such, my lord, is the convention that was duly signed and sealed on the 21st 
instant by Seuor Zamacona* and myself after the exchange of a couple of notes, 
copies of which I have the honor hercAvith to enclose. 

The object of these communications was, on his part, to secure the passing 
of the convention through Congress, as by the tone of them it would appear 
that the government had been acting from a spirit of justice, instead of being 
under the undue pressure of menaces from this legation. On mine, it was to aid 
him in this laudable effort, as well also as to seciu'c an official declaration from 
this government, binding them to the rediiction of the tariff" which I had in reality 
made the basis of my operations. 

I conceive that by the arrangement above detailed I had secured all the real 
objects we had in view, and that with the great advantage of obtaining them by 
means of persuasion instead of by the employment of force. 

That a display of such force -would have been temporarily laecessary to carry 
it out I think probable ; but that once made, and the determination of her 
Majesty's government not to be trifled with thus exemplified, all Avould have 
gone on smoothly, and we should thus have obtained all we required. 

How the arrangement I had thus concluded has been nullified by congress 
liaAdng throAvn out the convention by a large majority must form the subject of 
a separate despatch, in which I will detail all that has taken place here since its 
rejection. 

Had it been ratified by that body I should have made it the foundation for a 
final settlement Avith this government of all pending claims, as well as for ob- 
taining compensation for the relatives of such British subjects as have been 
murdered here up to the present time with impunity. Such an arrangement I 
could, I doubt not, have made during the presence in these waters of a poAverful 
English squadron, but now the obstinacy of the legislature has destroyed my 
combinations, and reduces the settlement of these questions to the future em- 
ployment of brute force. 

H. Ex. Doc. 100 26 



402 THE PEESENT CONDITION OF MEXICO. 

Enclosure 1 in No. 106. 
Ijaio fixing the bases for the reduction of the tari^. 

Le citoyeu Benito Juarez, president congtitutiounel des Etats-Unis Mexicains, 
ii leurs habitaus faisons savoir : 

Que le secretariat du soiiverain congres de I'uuion m'a adresse le decret 
suivant : 

Le congres de runion a cru devoir decreter ce qui suit : 

Article I. Le gouvernement est autorise a dresser un nouveau tarif des 
douanes maritimes et frontieres en operant, dans celui qui est en vigueur, toutes 
les reformes que I'experience a demontre etre indispensables pour concilier lea 
interets du tresor, du commerce, de I'agriculture, et de I'industrie. 

Article II. En agissant ainsi, il se soumettra aux bases suivantes: 

1. II dictera toutes les mesures indispensables afiu que le travail ne fasse pas 
defaut aux agriculteurs, aux industriels, et aux artisans. 

2. II pourra reduii'e jusqu'a, un quarante pour cent les droits d'importation 
que paient actuellement les articles etrangers, confonnement au tarif en vigueur. 

3. II etablira les droits additiounels suivants : 
Le municipal, tel qu'il est aujourd'hui; 

Celui de "mejoras materiales," trente pour cent sm- les droits d'importation; 
Celui d'internation, quinze pour cent sur les memes droits ; 
Celui de "coutra-registro," trente pour cent siu' les memes droits; 
Celui de deux et demi pour cent pour le ministere de fomento. 
Article III. Le tarif que dressera le gouvernement, suivant les regies etablies 
dans I'article qui precede, ne pounva etre modifie, en tout ou en partie, tant que 
le congres ne dictera pas de nouvelles bases, en vertu de ses facultes constitu- 
tionnelles. 

Donne dans le salon des seances du congres de I'uniou, a Mexico, le 15 No- 
vembre, 1861. 

MANUEL DUBLAN, Depute, President. 
JUAN N. GUZMAN, Depute Secretaire. 
M. M. OVANDO, Depute Secretaire. 

Pourquoi j'ordonne que le present soit imprime, public, mis en circulation et 
dument execute. 

Palais du gouvernement federal, a Mexico, le IS Novembre, 1S61. 

BENITO JUAREZ. 
Au citoyeu Josic Go>fZALEZ Echeverria, 

Ministre des Finances et du Credit Public. 



THE PRESENT CONDITION OF MEXICO. 403 



Enclosure 2 in No. 106. 

Schedule shoxoing the amount of duties that would he paid under the reduced, 
tariff voted hy congress, by a cargo of merchandise which now pays $100,000 
import duties: 

UNDER THE PRESENT SYSTEM. 

Import duties $100, 000 

Additional duties : 

Mejoras materiales $20, 000 

Intemation 10, 000 

Contra-registro 30, 000 

Railway or amortization 15, 000 

Departmental 6, 000 

81, 000 

Total amount of duties $181, 000 

UNDER TARIFF VOTED BY CONGRESS. 

Import duties 60, 000 

Additional duties : 

Mcjoras materiales 18, 000 

Intemation 9, 000 

Contra-registro 18, 000 

2 J per cent, of ministry of fomento 1, 500 

46, 500 

Total amount of duties 106, 500 



Showing a reduction of 74, 000 

Equal to 41-1- per cent, on the whole duties. 

HORACE JOHNSON 
Mexico, 'Novemler 25, 1861. 



Enclosure 3 in No. 106. 



Convention between her Britannic Majesty and the republic of Mexico for the 
settlement of various questions note pending between the two governments. 

Desirous of putting on end to the present suspension of diplomatic relations 
between the British legation and the government of Mexico by an arrangement 
removing the cause of such suspension, and at the same time settling certain 
other questions in which the government of her Majesty and that of the republic 
are mutually interested, they have resolved to conclude a treaty for that purpose, 
and have named as their plenipotentiaries — that is to say, her Majesty the Queen 
of the united kingdom of Great Britain and Ireland, Sir Charles Lennox Wyke, 
knight commander of the most honorable order of the bath; her Majesty's en- 
voy extraordinary and minister plenipotentiary to the republic of Mexico ; and 
his excellency the president of the republic of Mexico, Senor Don Manuel Maria 
de Zamacona, minister for foreign affairs, &c., &c., &c. ; who, having communi- 
cated to each other their respective full powers, found in good and due form 
have agreed upon and concluded the following articles : 



404 THE PRESENT CONDITION OP MEXICO. 



Article I. 

The siTms still remaining due to Britisli subjects of tlie moneys abstracted 
from the couducta at tlie Laguna Seca, as well as the six hundred and sixty 
thousand dollars forcibly taken from the British legation in the month of No- 
vember last, shall be repaid to the lawful owners thereof by an assignment made 
for that purpose by the Mexican government corresponding to ten per cent, of 
the import duties, to be taken from that portion of the additional duties com- 
monly known under the denomination of "mejoras materiales." 

Article II. 

The rate of interest due from the time when the money was taken to be paid 
on both these sums from the same fund shall be as follows : namely, six per cent. 
per annum on the six hundred and sixty thousand dollars, and twelve per cent, 
per annum on the remainder of the money due to British subjects from the 
moneys abstracted from the conducta at the Laguna Seca. 

Article III. 

All treaties, conventions, and agreements heretofore concluded between the 
two high contracting parties shall remain binding in their totality on both parties 
in all affecting British and Mexican interests ; and the supreme decrees of tlie 
fourteenth of October, one thousand eight hundred and hfty, and the twenty- 
third of January, one thousand eight hundred and fifty-seven, do likewise re- 
main in full force and vigor in all that concerns the London bondholders. 

Article IV. 

Such sums of money owing to the London bondholders and convention bond- 
holders as Avere in the hands of the custom-house authorities at the time all pay- 
ments were suspended by the law of the seventeenth of July last, shall be paid 
to the OAvners thereof, together Avith six per cent, interest thereon, out of the 
same fund that is set apart for the legation and Laguna Seca claims, AA^hen those 
shall haA'e been liquidated. 

Article V. 

Nothing contained in this convention shall in any AA'ay interfere Avith the stipu- 
lations of other agreements or con\'entions by AA'hich the goods imported in 
French A^essels are exempt from contributing to British assignments until the 
French couA'cntion shall haA'e been Avholly paid off", as aa'cII as the arrears due on 
other claims, as arranged Avith Admiral Penaud, have also been liquidated, Avhen 
the quota belonging to the Britisli couA-ention bondholders shall be augmented, 
as agreed on, by tAvo per cent, additional. 

Article VI. 

The British consular agents and agents of bondholders at the different ports 
of the republic shall be entitled to exact the production of all custom-house books 
and i)apers as may have reference to their clients' interests, and to call for ships' 
manifests, bills of lading, and all other documents Avliich, for the above-named 
purpose, they may consider it necessary to examine. 

Every month a statement of the duties incurred, and of the liquidation of the 
assignments due to the London btmdholders and the cimvention bondholders at 
each of the custom-houses, shall lie delivered to the Britisli consul resident at the 
port, and in those places where there is no British consul, such statements shall 
bo given to the agents of the respecti\'e funds, provided there be any such on 
the spot. 



THE PRESENT CONDITION OF MEXICO. 405 



Article VII. 

In order to insure with every certainty the fulfilment of the conditions con- 
tained in the preceding articles, the assignments made over to the British creditors 
shall henceforth be represented by certificates to be issued by the ministry of 
finance, according to the regulations Avhich shall be framed by said ministry, and 
no importer will be permitted in future to pay the duties on his cargo without at 
the same time paying said assignments, which shall not be paid in cash or in 
any other form except in the said certificates, under the penalty of a second pay- 
ment of double the amount, one-half in certificates, and the other in cash, which 
latter half shall be given to the informer of the fraud. 

The minister of finance shall deliver a sufiicient quantity of said certificates 
to the representatives of both classes of bondholders in Mexico, who shall be 
required to keep enough of them on hand, both in this city and the ports, to 
enable the importers to obtain them with the facility required. 

For greater security these certificates must be signed by the representatives 
of the aforesaid bondholders, as well as by the aforesaid agents, and after liqui- 
dation they shall be remitted by the collectors of the maritime and frontier 
custom-houses directly to the minister of finance, for the purpose of enabling 
the government to take due note thereof in fonning the account current of the 
respective debts. 

Article VIII. 

The assignment of ten per cent, of the duties alluded to in article I for the 
purposes above specified shall commence from the date of the signature of this 
convention ; and the assignments belonging to the London bondholders and to 
the convention bondholders, secured to them by article HI, shall begin from the 
&st day of January, one thousand eight hundred and sixty-two. 

Article IX. 

It is understood that the Mexican government shall be free from the responsi- 
Hlity of a debtor to a creditor in so far as concerns any siich sums as shall have 
been paid by them at the end of each month to the agents of the respective 
bondholders, when a liquidation of the sums so paid and received is duly made 
out and signed by the authorities of the custom-houses and the agents at the 
ports. 

Article X. 

In settling with the other foreign creditors of the republic the difficulties to 
which the law of the 17th of July last has given rise, no advantage shall be 
accorded to them with regard to the time at which the payment of the assign- 
ments shall be renewed, nor as regards the control that they may have in the 
custom-houses, which shall not by the same act be conceded to the British 
creditors. 

Article XI. 

The present convention shall be ratified by her Britannic Majesty and by the 
congress of the Mexican republic, and the ratifications shall be exchanged at 
London as soon as possible within the space of six months. 

In witness whereof the respective plenipotentiaries have signed the same, and 
have affixed thereto their respective seals. 

Done at Mexico this twenty -first day of November, in the year of our Lord 
one thousand eight hundred and sixty-one. 

[l. S.J 0. LENNOX WYKE. 

[l. s.] MANUEL MA. DE ZAMACONA. 



406 THE PRESENT CONDITION OF MEXICO. 

Enclosure 4 in No. 106. 
Sir C. Wyke to Senor Zamacona. 

Mexico, November 20, 1861. 

Sir : The result of tlie various conferences I liave had with your excellency 
appears to be that no real difficiilty now exists to prevent our coming to a perfect 
understanding on the subject which gave lise to those conferences, in a manner 
alike satisfactory to the governments we have the honor respectively to represent. 

In order to attain so desirable an cud, and to remove the evils caused by the 
law of the 17th of July last, as well also as to prevent any future disagreement 
arising from the consequences thereof, it becomes necessary now to put in writing 
Avhat we have already verbally agreed on, and to settle by a formal instrument 
the due execution of the following conditions : 

1. Delivery by your government of the money robbed from the British lega- 
tion in the month of November last, amounting to the sum of $660,000, as well 
also of what was abstracted from the Laguna Seca conducta, which originally 
amounted to $400,000, but part of which has since been restored to its rightful 
owniers. 

2. That all an-ears due to the bondholders arising from the suspension of 
payments of custom-house duties formally consigned to them by the Dunlop and 
Aldham compacts, as well as the British convention, shall be refunded, of course 
including the payments already deposited in the hands of the custom-house 
authorities at the time of such suspension of payments, but which had not yet 
been made over to the agents of said bondholders. 

3. The payment of interest on all sums above specified, from the date of their 
abstraction or detention, as compensation to the OAvners thereof for the loss and 
inconvenience to which they have been subjected by these arbitrary proceedings. 

4. That the British consular agents at the ports shall be authorized by the 
government to examine the books and render an account of the receipts of the 
several custom-hoxises there, such agents receiving directly the assignments for 
the bondholders from the importers, in a manner hereafter to be agreed on be- 
tween us. 

As I believe we are entirely of the same opinion Avith reference to the advan- 
tages to be obtained by a reduction of the tariff, I trust that your government, 
with this object in view, Avill adopt some measure of reform in this branch of 
your administration so comprehensive in its nature as entirely to remove the evils 
caused by the present high rate of duties, Avhich are as prejudical to foreign 
commerce as they are to the best interests of the republic. 

By a frank acceptance of these conditions no obstacle Avill then remain to 
prevent a rencAval rif official intercourse betAveen your gOAcrnment and this 
legation, Avhieh, Avithout such an arrangement, Avill be finally broken oft", and 
thus lead to consequences fatal to the friendly relations Avhich it is so desii-able 
to maintain betAveen the tAvo countries. 

AAvaiting your reply, I have, &c. 

C. LENNOX WYKE. 



THE PRESENT CONDITION OF MEXICO. 407 

Enclosure 5 in No. 106. 

Se/ior Zamacona to Sir C. Wyke. 

[Translation.] 

Government House, November 21, 1S61. 

The iinclersignecl, minister for foreign affairs, Las had the honor to receive the 
note, dated yesterday, which his excellency the English minister. Sir Charles 
Lennox Wyke, was pleased to write him. 

The undersigned after his repeated conferences with his excellency her Bri- 
. tannic Majesty's minister is as much convinced as his excellency that there does 
not really exist any difficulty for the re-establishment of the ordinary relations 
between Mexico and Great Britain. He is entirely of the opinion of Sir Charles 
"Wyke as to the great interest that the two countries have in maintaining and 
drawing still closer their relations ; and the sincere desire to re-establish them 
has doubtless given rise to the conciliatory spirit that has reciprocally prevailed 
in the conferences held for that purpose, and which has so much contributed to 
attain it. 

The question pending since a year, relative to the abstraction made in No- 
vember last by the usurpers of the public power of a sum belonging to the 
holders of Mexican bonds in London, and deposited in the Calle de Capuchinas, 
gives this, government an opportunity of showing its conciliatory and Avilling 
spirit, and its desire to terminate all the difficulties pending with Great Britain. 
Notwithstanding that the government of the republic has protested against the 
responsibility that might be laid to its charge on account of that odious attempt, 
it has also protested its desire to prevent as far as possible the losses that the 
holders of bonds have thereby suffered, and therefore agrees to facilitate to them 
the reimbursement of the sum robbed, if the said holders of bonds cede to the 
republic their action for indemnity from the produce of the property of the per- 
petrators of the crime that has been or may be sequestrated. This concession, 
with which the government of Mexico responds to those which his excellency 
her Britannic Majesty's minister has made in the arrangement of this affair, 
removes one of the prhicipal difficulties pending between the two nations. This 
government does not then make any objection to the acceptance of the conditions 
contained in the note of his excellency Sir Charles Wyke, bearing yesterday's 
date. 

As regards the tariff at present in force in the republic, the undersigned be- 
lieves that, in fact, a refonn in this matter in a liberal sense will be equally bene- 
ficial to the nation as to the foreign commerce ; and as this government is author- 
ized by congress to make it, it is at present occupied in caiTying out this Avork. 
By means of it will be removed the ills Avhich, as indicated by her Britannic 
Majesty's minister, are caused by the amoimt of the duties at present leaded on 
goods imported ; and his excellency will perceive it, by simply knowing that the 
government, following the rules that the congress has laid down for it, and the 
principles of liberal political economy, will carry out the following bases in the 
new tariff that will be published in a few days : 

That the reduction on the import duties is to consist in 40 per cent, on the 
present amounts. 

That when the refonn, which is to be put into operation four months after its 
publication, has been once made, no change shall be able to be made in the im- 
port, export, or additional duties, without informing the commercial body six 
months beforehand. 

And that in the new tariff shall not be included the article that figured in the 
project lately presented by the committee of finance of the congress, Avhich au- 



408 THE PRESENT CONDITION OF MEXICO. 

thorized tlic States of tlie coast to place duties on tlie export of tlieir own 
products. 

The undersigned indidges in tlie same belief as tliat entertained by bis excel- 
lency bcr Britannic Majesty's minister, tbat after tbe declaration contained in tbis 
note, and after tbe points to wbicb it refers bave been consigned in a foi-mal act, 
for wbicb tbis government is ready, tbere will not be any obstacle to prevent tbe 
renewal of relations between it and tbat legation, and dra-wdng still closer tbose 
bonds of sympathy and common interest Avbicb unite tbe two nations. 
Tbe undersigned, &c. 

MANUEL MA. DE ZAMACONA. 



No. 107. 
^S'^V C. Wyke to Earl Russell. 

Mexico, November 28, 1861. 

My Lord : I bave tbe bouor to enclose herewith an address signed by some 
English merchants and other persons resident in tbis city, which, although ad- 
dressed to me, I am requested to forward to her Majesty's government. 

I likewise transmit my reply thereto, to which I beg leave to call yoiu- lord- 
ship's attention, as it disposes of the piincipal grievance tbere complained of. 
I have, &c. 

C. LENNOX WYKE. 



Enclosure 1 in No. 107. 



Messrs. Graham, Geaves Sf Co., and others, to Sir C. Wyke. 

Mexico, Novemher 25, 1861. 

Sir : We, tbe undersigned British merchants, aiid others, consider it our duty 
to address you at the present moment in defence of the interests which have 
been confided to us, as also to express our opinion in the present critical state of 
affairs. 

The particulars which we bave been able to leani regarding tbe convention 
you had agreed upon with tbe Mexican government being rather vague and im- 
perfect, we are hardly able to judge of tbe ultimate advantages which might 
have accrued to British commerce bad tbe said convention been ratified by con- 
gress; but in the absence of any official communication on tbe subject we are 
necessarily led to believe that the version given by tbe jirincipal journal of this 
city, "El Siglo," is, at least, tolerably correct, altliougli we must confess that 
we doubt of its entire autbencity, being, as we are, unwilHng to believe that any 
arrangement can bave been contemplated which only provided for tbe redress 
and liquidation of tbe larger and more prominent claims, to the exclusion of the 
numerous smaller, but equally deserving, claims of British residents ixi this 
country. 

By the English papers which bave lately arrived, we have also been made 
acquainted with the answer which Earl Kussell addressed on the 3d of October 
to Messrs. Rotbscliild, and otlier merchants of England interested in tbe ]\Iexican 
trude, in answer to their petition asking i'or tliat protection for tbe lives of their 
fellow countrymen, and for their own property in ^lexico, which Englishmen 
have a right to expect from their government. 



THE PRESENT CONDITION OF MEXICO. 409 

We have followed with the utmost care and anxiety every step of your nego- 
tiations with the Mexican government, and we now beg most respectfully to 
manifest our decided opinion that whilst we consider tlie course you have pursued 
since your arrival in Mexico as entirely in accordance with the intentions ex- 
pressed by Earl Russell, and whilst we fully acknowledge the great exertions 
which you have personally made to secure every advantage compatible with 
Avhat we understand to be your instractions, we cannot but regard the ^■iews 
taken by the home government as entirely eiToneous with respect to the actual 
state of the country, and their proposed measm-es as altogether insufficient to 
obtain either redress for past outrages or to insure any sort of confidence or 
security for the future. 

You have obtained the passing of an act of congress which authorizes the re- 
duction of the tariflF, but it cannot be denied that this innovation will be quite as 
advantageous to Mexico as it will be to England, and therefore it cannot be 
looked upon as a concession which Mexico makes, but simply as an important 
improvement which the country has resolved upon in consequence of the sug- 
gestion made by England to this effect. 

There are two points at issue in the present case : the first being the due repa- 
ration, as far as practicable, of the numerous outrages upon Englishmen and upon 
the English flag ; the second, the adoption of such measures as may check the 
recurrence of such outrages, and by degrees put a stop to the anarchy and con- 
sequent ruin which has been spreading over this country for several years. 

We fully comprehend that the home government look upon the whole question 
with repugnance, caused principally by the difficulties which surround every 
plan of action, and consequently we refrain from entering into the consideration 
of the second point ; for, on the one hand, we feel perfectly confident that you 
are fully impressed with the importance of the question, and that your own 
personal views must coincide with ours, whilst the limits to which we desire to 
reduce this note could never suffice to enter into such a vast and complicated 
question. 

As Englishmen, howevei-, we think it our duty to use every effort in our 
power, and to avail ourselves of every privilege which our constitution grants us, 
to induce her Majesty's government to exact that reparation for the past which 
may at least prove that our countrymen's blood is not to be wantonly shed, and 
England sneered at without the country which has tolerated such atrocities being 
made to atone for them. 

We maintain that the assassination of a British consul and numerous fellow- 
countrymen, the marching through the streets of Englishmen as prisoners of war 
under the most unwarrantable circumstances, the robbery of English property 
by armed forces, headed by leading men of the acknowledged governments, 
and other acts of almost equally atrocious character, are not to be atoned for by 
the simple payment of an insignificant su.m of money ; we maintain that England 
cannot allow a Mexican minister of finance to appropriate sums of money as- 
signed to her under the most solemn diplomatic conventions without demanding 
something more than the mere repayment of the sums so taken. The ministers 
who authorize these acts know full well that it requires three or four months at 
least before the action of her Majesty's government can be brought to bear 
against them, and ^hey invariably take care to resign their posts before the ex- 
piration of such time ; they care little for the reclamations which their successors 
may have to deal with; but is it anything more than common justice to demand 
that the whole administration, or the country, should be made aware that similar 
outrages must be atoned for a little sooner cr later? 

When all our grievances arose from the acts of one party in the country, we 
understood too well that nothing could be done ; but when we witnessed the 
seizure of the bondholders' funds by the church party, and the seizure of the 
Tampico conducta by the constitutional party, we had every reason to consider 



410 THE PRESENT CONDITION OF MEXICO. 

that the chief difficuUy towards exacting reparation was removed ; nor can there 
be any essential difference between one de facto government robbing money 
deposited in the hands of the bondholders' agent and the next administration 
robbing their assignments on the coast. 

We do not wish yon to believe that we in any way ask f©r impossibilities, 
nor that we wish to take up certain cases as pretexts to force her Majesty's gov- 
ernment into useless and difficult military expeditions; we do not even pretend 
that in a country like Mexico the punishment of the precise perpetrators of the 
crime should be insisted upon ; but we see little difficulty to the jienalty being 
paid by the country. 

After seeing that her Majesty herself considered the question worthy of being 
mentioned in her speech from the throne ; after being assured that the matter 
was and had been long under consideration; and after waiting for perhaps the 
most propitious moment that could possibly present itself, we are bound to say 
that the conduct of England is likely to impress foreign nations with but a very 
poor and inadequate amount of respect or consideration if the whole list of 
outrages is to be atoned for, and even passed over in silence, on receipt of a sum 
of money. Some of our number are interested in the British convention fund, 
many of us have private claims against the Mexican government, whilst others 
are only indirectly interested in any settlement or treaty Adiich may be made ; 
but we all unite to express, in the most respectful but at the same time in the 
most emphatic terms, that we look upon the precise percentage of duties Avhich 
may be exacted as of no importance whatever compared to the question of the 
securities and guarantees which may and, as we submit, ought to be demanded, 
and more particularly to the just and, so to speak, national reparation on the 
part of Mexico for past outrages, which, if committed by a private individual, 
would be classed as criminal in the highest degree. 

The principle of allowing any outrages to be committed for nothing more or 
less than a certain price is surely too dangerous a one to be tolerated by England. 
The sacred character of international treaties would by this means be entirely 
destroyed ; and it is not merely the lives and property of English residents in 
Mexico, but of those in remote countries all over the Avorld, that would be 
exposed to dangers which our government is bound to ward off" and protect us 
from, instead of tolerating them with comparative impunity. English miners, 
merchants, and colonists would, in one Avord, find themselves in a weaker and 
more difficult position than the natives of almost any other nation. Surely this 
cannot ])e the state of things which an English cabinet can take any pride in 
creathig or countenancing, nor can it be expected that British subjects can quietly 
and passively wait for such a result to be produced ; and it is therefore that we 
Avish through you to impress upon her INEajesty's government tliat no arrange- 
ment should be entered into Avhich does not embrace full reparation for eA"ery 
just British claim, whatever may have been its origin, atonement for the violation 
of treaties, and ample guarantees for the future security of persons and property 
of British subjects I'esidcnt Avithin the republic. 

In conclusion, we beg to repeat that this present address is not directed to you 
personally, and that we have the highest motives for respecting and appreciating 
your oAvn exertions since your arrival as her Majesty's minister ; but we most 
earnestly solicit that you will communicate our views to her'^Lajesty's govern- 
ment, and at the same time trust that your experience of 3Iexico will induce you 
to support and advance our jtetition as the only means of obtaining any permanent 
improvement in the foreign trade nf this country. 
We have, &c. 

(JKAIIAM. GEAVES & CO.. 
And twcntij-cighl others. 



THE PEESENT CONDITION OF MEXICO. 411 



Enclosiu-e 2 in No. 107. 

Sir C. Wyke to Messrs. Graham, Geaves and Co., and others. 

Mexico, November 28, 1861. 

Gentlemen : A careM perusal of yoiu- communication dated tlie 25tli instant, 
wliich only readied me late in the afternoon of yesterday, lias left me in doubt 
as to your precise object in requesting me to forward it to her Majesty's 
government. 

It is not by an expression of your fears and anxieties in vague and general 
terms that any good result can be arrived at ; such an address as the one you 
have sent should, to have any real value, embody the decided opinion, founded 
on your long experience here, as to the remedy to be applied with a view of 
removing the evils of which you so justly complain. 

Had you consulted with me personally and pointed out your wishes more 
distinctly, a more definite end might have been attained, and I should have been 
better enabled to forward those wishes, by supporting them, than I now am by 
the mere receipt of such a letter as yours on the eve of the mail's departure for 
England. 

The convention of the 2l3t instant, to wliich you allude, was concluded for 
the purpose of binding this government and nation to fulfil their engagements, 
in a positive and practical manner, to a large body of ]3ritish subjects who have 
an immense stake in this country, and whose interests have hitherto been shame- 
fully disregarded, from the fact of their being in part protected merely by 
agreements and memorandums passed between some of our naval officers and 
certain local authorities at the port of Vera Cruz, such authorities being at the 
time in open rebellion against a government to which we had an accredited minister 
at this capital. As some amongst your number were the sufferers by having no 
better guarantee than this, you could only have been benefited by exchanging 
it for the adequate protection of a solemn international obligation such as a con- 
vention, which also secured the repayment of the moneys stolen from British 
legation and the conducta, Avith 6 per cent, on the former and 12 per cent, on 
the latter, in compensation for the inconvenience to which the owners of such 
moneys have been subjected by the arbitrary and unjustifiable acts of two 
successive governments. 

These payments, and the due fulfilment of the engagements set aside by the 
law of the 17th of July last, it was imperative for the honor of her Majesty's 
government should in the first instance be obtained, and hence the conclusion of 
the convention above alluded to, which satisfactorily terminated a separate and 
distinct question, and Avould have naturally cleared the way for a settlement of 
the other British claims arising out of the numerous acts of violence against life 
and property, hitherto perpetrated with impunity against our fellow-subjects. 

You little know me, gentlemen, or the instructions I have received from her 
Majesty's government, if you suppose that with a British squadron in the waters 
of Vera Cruz I should not obtain such reparation and compensation as is just 
and fair to demand of the Mexican government for such outrages. 

With regard to the opinion you express, that the views of her Majesty's 
government with respect to the actual state of this country are entirely erroneous, 
and the measures they propose adopting to obtain redress insufficient, I altogether 
differ from you, and I trust events will prove that I am not wrong in doing so. 
You allude to the murder of a British consul and numerous other countrymen, 
the marching through the streets of Englishmen as prisoners of war, the robbery 
of English property by armed forces, &c., its being atoned for by the simple 
payment of an insignificant sum of money ; and further state that a minister of 
finance cannot be allowed to appropriate sums of money belonging to English 



412 THE PRESENT CONDITION OF MEXICO. 

subjects without demauding something more thau the mere repayment of the 
sums so taken. The outrages on life and person you thus describe took place 
before my an-ival in this country, and I am not aware that they have, or are 
likely to be, atoned for by the payment, as you state, of an insigniticant sum of 
money. 

With regard to the money taken from British subjects in the way you mention, 
something more Avill be exacted than repajTiient, in the shape of interest thereon, 
more or less in amount according to the circumstances of each particular case. 

Reparation for all these outrages Avail be exacted by her Majesty's government, 
not from any particular set of men Avho happened to be in power Avhen they 
were committed, but from the country, which is held responsible for them, and I 
really cannot see, therefore, what you Avish for more. 

My foregoing remarks Avill liaA'e explained to you that the couA^ention I lately 
concluded Avith Seilor Zamacoua Avas ncA^er intended to settle these grieA-auces, 
but was merely a preliminary step for remoA'ing those amongst them Avhich, 
from their magnitude, Avere of the first importance ; this fact I had clearly stated 
to some amongst you, whose signatures 1 Avas therefore surprised to see to the 
letter to which this is a reply. 

You say that, by my having obtained the passing of an act of congress 
authorizing the reduction of the tariff, I have only persuaded them to do that 
Avhich is as adA^antageous to themselves as it is to us, and therefore it cannot be 
looked on as a concession which Mexico makes. 

If you Avere aware of the many days and hours' labor it has taken me to 
persuade them of this fact, you Avould, I think, set more A'alue on a concession 
AA'hich Avould ncA'er haA^e been obtained unless it had formed the basis of the 
conA'ention I have so often alluded to. 

This adA'antage, as Avell as the abrogation of the laAA^ of the 17th of July by 
congress, has been the result of my negotiations, Avhich Avill now, therefore, I 
hope, appear to you in a less unfavorable light than Avhen you addressed me on 
the 25th instant. 

I thank you, gentlemen, for the kind manner in Avhich you mention the luunble 
services I have been able to render to you since my arriA^al in this country, but 
in doing so I venture to hope you Avill in future belieA'e that there is not one 
amongst you Avho is more jealous of the honor of his country than is England's 
representative in this republic. 

Your address, together A\dth this reply to it, shall be forwarded to her Majesty's 
government by to-morroAv's mail. 
I have, &c. 

C. LENNOX WYKE. . 



No. 108. 
Sir C. Wijlce to Earl RvsscU. 

[Extract ] 



^Irxic(», Xoremher 28, 1861. 
General Doblado, governor of the State of Guanaxuato, avIio is at the head 
of about 8,000 men, is said to be on the ca'c of making a " pronunciamiento " 
Avith a vicAV of getting himself elected ])resid('nt ; but from the extreme caution 
of the man's character, I think that he is hardly likely to expose himself to the 
risk of failure Avliich he thus Avould undoubtedly have to incur. 



THE PEESENT CONDITION OF MEXICO. 413 

No. 109. 

Sir C. Wyke to Earl Russell. 

[Extract.] 

Mexico, November 28, 1861. 

In my despatch of the 25th instant I had the honor of laying before your 
lordship, in detail, the business Avhich had occupied my attention since the de- 
parture of the last European mail. 

My labors, as your lorpship will have seen, terminated in my having obtained 
a considerable reduction in the existing tariff, and in having signed such a con- 
vention as promised to place our relations with the Mexican government on a 
somcAvhat better footing than they have been for some time past. 

It is to be sincerely regretted that congress was so carried away by party feel- 
ing as not to perceive the error they were committing in throwing out a conven- 
tion which, both in form and substance, avoided, as far as possible, any attack 
ujion the honor and amour jvopre of the nation, and yet held out to Mexico the 
means of coming to an equally satisfactory settlement of the difficulties Avith 
France and Spain Avhenever these two powers demanded redress at their very 
doors. 

Congress, as if frightened at Avhat it had done, passed a resolution on the 23d 
instant abolishing the law of tlie 17th of July, and stating that the convention 
assignments should be again paid, as heretofore, to both classes of bondholders, 
as Avell also as those sums due to them at the time the suspension of payments 
was decreed. 

As this Avould, of course, not satisfy me, I had no choice left but to present at 
once to government an ultimatum, and demand my passports in case it Avas 
refused. 

On the presentation of my ultimatum Seiior de Zamacona resigned, the min- 
ister of Avar having done so the day before; and there is uoav a probability of 
the other members of the cabinet doing so likcAvise, unless congress retraces its 
steps, for the government have sent back the conAxnition to be reconsidered by 
them as a last resource. 

To-day I had a visit from Seiior Lerdo de Tejada, the leader of the opposition 
in congress, Avho called to ask me AA'hether I Avould consent to any modification 
in the convention, as, if I would agree to modify the articles concerning the re- 
payment of the legation and conducta robberies, and the poAvers given to enable 
our consuls to act as interventors, he Avould engage to pass it through congress, 
and then accept the A^acant post of minister for foreign affairs, which, under such 
circumstances, he thought the president Avould confer upon him. 

My ansAver Avas a simple one, and to the effect that, having already made every 
concession possible in my negotiations with SeSor de Zamacona, I could make 
no others. On receiving this ansAver Senor Lerdo de Tejada retired, and with 
him disappeared CA-ery hope of the couA'ention's ratification. 

I haA'e only uoav again to express to your lordship my high sense of Mr. Cor- 
Avin's conduct through the Avhole business; he has stood by me in the most hon- 
orable manner, and on learning the rejection of my convention by congress, 
refused, in the most positive manner, to advance the government one dollar of 
the jjroposed American loan. Nor can I pass over in silence the serAdces of 
Seiior de Zamacona, the minister for foreign affairs. He, at all events, has been 
sincere in trying to second my late endeavors, and his resignation of office proves 
that there is an exception to every rule, even as regards Mexico and the Mexi- 
cans. 

I shall start for Vera Cruz with the members of my mission as soon as I can 



414 THE PRESENT COXDITIOX OF MEXICO. 

convenieutly do ,so, leaving Mr. Consul Glennie in charge of the archives, and 
with him that most excellent public servant, Don Rafael Beraza, so that the 
merchants here shall not suffer by my absence in the courier arrangements. 
Havana will probably be the place where I shall await your lordship's instruc- 
tions, but Avherever I may settle to go, I will not fail to remember the instructions 
contained in your lordship's despatch of September 28, in reference to the ad- 
miral on the station. 

p. g. — Since Avriting the above I have received the enclosed letter from the 
Mexican foreign office, by Avhicli your lordship will see that I am requested to 
wait for the answer to my ultimatum until the new minister for foreign affairs is 
appointed. 



Enclosure 1 in No. 109. 
Propositions voted hy congress abrogating the laic of July 17, 1861. 

La Derogation' de la Loi dti 17 Juillet. — Voicile texte dela proposition 
presentee et adoptee, le 23 du courant, par le congres qui I'a dispensee des for- 
malites dii reglement ; elle a pour autein-s MM. les Deputes Sebastian Lerdo de 
Tejada, Manuel Ruiz, Mariano Riva Palacio, Montes, Dublan, Linares, Pii5o y 
Ramirez, Baz, Suarez Navarro et Chico Sein. 

Article 1. Sont derogees les dispositions de la Loi du 17 Juillet de la pre- 
sente annee qui se referent aux conventions diplomatiques et a la dette con- 
tractee a Londres. 

Art. 2. Le gouvernement mettra immediatement en voie de paiement les as- 
signations respectiA'es, conformement aux dispositions et aux reglements ante- 
rieurs a la dite Loi. 

Art. 3. Le gouvernement remettra immediatement au congres une notice des 
sommes qui existaient au moment de I'expedition de la Loi et de celles qu'il aura 
recues depuis, appartenant aux dites assignations, en initiant les lois qu'il jugera 
neccssaires pour rembourser les dites sommes aux creanciers des conventions et 
de la dette contractee a Londres, et pour procurer au tresor les fonds dont il 
manque pour cet objet. 

EcoHOitiiquc. — Une coixmiission du congres declarera au president de la repub- 
lique la conveuance que le gouvernement, en publiant la presente Loi, expose et 
explique officiellement les raisons de justice qu'il a cues pour rendre celle du 17 
Jiiillet, et les motifs pour lesquels die est derogee, en ce qui touche aux conven- 
tions et a la dette contractee a Londres. 



Enclosure 2 in No. 109. 
Sir C Wylce to Senor Zamacona. 

Mexico, Nove7nber 24, 1861. 

Sir : The rejection of the convention of tlic 21st instant by congi-ess on the 
night of Friday last has, I regret to say, put a term to those measures of con- 
ciliation by which, after six weeks' incessant labor and sacrifices, Ave had sought 
to remove the serious differences between the two countries. 

Under these circiunstanccs I have but one course left open to mo, and that is. 



THE PEESENT CONDITION OF MEXICO. 415 

without delay to present to your excellency tlie ultimatum of lier Majesty's gov- 
ernment, requiring the acceptance of the following conditions, viz : 

1. Immediate abrogation of the laAv of the 17th of July last. 

2. That in the ports of the republic commissioners, to be named by her Ma- 
jesty's government, shall be placed for the purpose of appropriating to the 
powers having conventions with Mexico the assignments which those conven- 
tions prescribe shall be paid out of the receipts of the maritime custom-houses, 
including in the sums to be paid to the British government the amount of the 
conducta robbery and the money stolen from the British legation in the month 
of November last. 

3. That the commissioners shall have the power of reducing by one-half, or 
in any less proportion that they think fit, the duties noAv levied under the exist- 
ing tariff. 

If these terms are not complied with, I shall find myself under the necessity 
of quitting the republic, with all the members of my mission, leaving the gov- 
ernment of Mexico responsible for the consequences that will ensue. 
I have, &c. 

C. LENNOX WYKE. 



Enclosure 3 iu No. 109. 



Seno?- A?-ias to Sir C. Wyke. 
[Translation ] 

Government House, 

Mexico, Kovemher 28, 1861. 

The undersigned, charged temporarily with the ministry of foreign afflairs, 
has the honor to answer the note which his excellency Sir Charles Lennox 
Wyke, &c., has been pleased to address to the said ministry, under date of the 
24th instant, in which he communicates the conditions, the acceptance of which 
is demanded by her Britannic Majesty's government, in order to teraiinate the 
suspension of diplomatic relations, to which the law of the 17th of July last 
gave rise. 

The undersigned must, first of all, make his excuses to his excellency Sir 
Charles Wyke for the delay Avhich he will perceive in this answer, but which 
will, however, have already been explained, if he knows that the minister 
charged with this department withdrew from it, having previously resigned, 
almost at the very moment that the said note of the legation was received, and 
if he knows also that the suj)reme government is making every effort Avitli the 
congress, in order to settle the difficulties which unfortunately have arisen be- 
tween Great Britain and the republic of Mexico. 

The chief magistrate of the republic is most anxious that this should take 
place, and his excellency Sir Charles Wyke will not doubt it if he remembers 
the recent proofs which the Mexican government has given of its desire for a 
peaceful and reasonable settlement of the difficulties pending with Great Britain. 

In order to obtain this result the chief obstacle has been removed by the ab- 
rogation of the law of July 17th ; and in consideration of this, and that there 
will soon be a new minister to take charge of the present negotiation, the un- 
dersigned confidently hopes, from Sir Charles Wyke's honest intentions and 
benevolent sentiments, that he will be good enough to Avait only until the new 
minister to be named may give the due ansAver to the aforesaid note of his ex- 
cellency, and to suspend for the moment any resolution AA^hich may alter the 
position Avhicli the question now has. 

The undersigned, &c. 

JUAN A. D. ARIAS. 



416 THE PRESENT CONDITION OF MEXICO. 

No. 110. 

The Secretary to the Admiralty to Mr. Hammond. 

Admiralty, January 2, 1862. 
Sir: I am commanded by my lords commissioners of the admiralty to send 
you herewith, for the information of Earl Russell, a copy of a letter from Com- 
modore Dunlop, dated the 5th ultimo, and of its enclosures, reporting the sail- 
ing of the Spanish expedition from Havana for Vera Cruz on the 30th Novem- 
ber and the 1st and 2d of December last. 
I am, &:c. 

C. PAGET. 



Enclosure 1 in No. 110. 
Cornmodore Dunlop to the Secretary to the Admiralty. 

" Challenger," at Havana, December 5, 1861. 

Sir : I have the honor to transmit herewith, to be laid before the lords com- 
missioners of the admiralty, copy of a letter and its enclosures which I have 
this day addressed to Rear Admiral Sir A. Milne, K. C. B., commander-in-chief, 
reporting the sailing from Havana of the Spanish expedition for Vera Cruz. 
I am, &c. 

HUGH DUNLOP. 



Enclosure 2 in No. 110. 
Commodore Dunlop to Rear Admiral Sir A. Milne. 

" Challenger," at Havana, Decevibcr 5, 1861. 

Sir : I have the honor to acquaint you that the Spanish expedition for Vera 
Cr\iz sailed from this place in three divisions on 30th ultimo and 1st and 2d 
instants under the command of Rear Admiral Rubalcava, who sailed on the 1st 
instant, with his flag in the paddle-steamer " Isabel la Catolica." 
Enclosed is a list of the vessels forming the expedition. 

The troops embarked amount to 6,000 of all arms, under the command of 
Don Manuel Gassett. The names of the principal staff" officers are enclosed. 
I am, &c. 

HUGH DUNLOP. 

p. S. — I shall transmit a copy of this letter and its enclosure to the secretary 
of the admiralty. H. D. 



THE PRESENT CONDITION OF MEXICO. 



417 



, Enclosure 3 in No. 110. 

List of ships-of-war and transports composing the Spanish expedition to Mexico. 



Class. 



Paddle corvette. 

Do , 

Paddle liloop 

Do 

Paddfe gunboat. 
Paddle transport 
Screw frigate 

Do 

Do 

Do 

Do 

Do 

Screw transport. 

Do 

Sailing transport 

Do 

Screw transport. 

Do 

Do 

Do 

Paddle transport 
Sailing transport 

Do 

Do 

Do 

Do 



Name. 



Isabel la Catolica'""- 

Francisco de Asis 

Blanco de Garay 

Piznrro 

Guadalquiver 

Velasco -. 

Pri Dcefisa de Asturias 

Concepcion 

Leal tad 

Blanca 

Berenguela 

Petronila 

Ferrol 

Numero Tres . 

Santa Maria. 

Marigalante . 

Cubana, (No. 1) 

Cuba, (No. 11) 

Cardenas, (No. 9) 

Maisi, (No. 7) 

Pajara del Oceano, (No. 5). 

Sunrise, (No. 2) 

Teresa, (No. 4) 

Favorita, (No. 6) 

Paquita, (No. 8) 

Palma, (No. 10) 



500 
500 
350 
350 
100 
440 



380 
380 



Captains. 



Don Carlos del Camino . 

Don Nicolas Chicarro 

Don Me. Diaz Herrera.. 
Don Juan Pita la Vega . 

Don Adolfo Navarite 

Don Jose Carranza..... 

Don Jose' Alvarado 

Don MI. Mc'Jrohin 

Don Pedro del Castillo . 
Don Ml. de la Rigada .. 
Don Jose R. de Arrias.. 
Don R. M. Venalet .... 
Don Pablo Lugo Vinas.. 

Don Ramon Bran 

Don Aleyo Rodriguez .. 
Don Sunico 



Flag-ship. 



Enclosure 4 in No. 110. 

List of the principal staff officers of the Spanish expedition to Mexico. 

Commander-in-cliief, Don Manuel Grasset; second in command, Brigadier 
General Don Carlos de Valgos ; chief of tlie staff, Colonel Don Juan Yidarte, 
of Bobadilla ; colonel commandant of artillery, Marques de la Concordia ; colonel 
commandant of engineers, Don Nicolas Valdes y Fernandez ; commissary gene- 
ral, Don Baltasar Llopisy y Caparros ; surgeon general, Don Joaquin Resell y 
Fio ; colonel commandant of 1st, Brigadier Don Francisco Aparicio y Pardo ; 
colonel commandant of 2d, Brigadier Don Viucente Diaz de Caballas ; colonel 
commandant of artillery, Don Antonio Fernandez Cuevos ; colonel commandant 
of engineers, Don Andres Gortia, of Goyenecbe. 2d battalion, Cazadores de 
Baileu y Union; 1st battalion, Napoles ; 1st battalion, Cuba; 4 companies 1st 
battalion, Napoles ; 4 companies of 2d battalion, Rey. 

H. Ex. Doc. 100 27 



418 THE PRESENT CONDITION OF MEXICO. 

No. 111. 
Lord Lyo7is to Earl Russell. 

Washington, Decemher 21, 1861. 

My Lord : In my despatch of the 10th September la?t I infoiTQCcl your 
lordship that instructions had been sent to Mr. Corwin, the United States 
minister in Mexico, to conchide a convention with the Mexican government, in 
virtue of -which the United States should assume the obligation to pay the 
interest on the foreign debt of that country. 

Mr. Seward told me this morning that Mr. Corwin had not conchided the pro- 
posed convention, but had sent, in lieu of it, a draught of a convention providing 
for the United States advancing to Mexico a very large sum to enable her to 
discharge her obligations to foreign creditors. Mr. Seward said that if Mr. 
Corwin had sent a convention in the terms of his draught, already signed, the 
President would, no doubt, have recommended it to the Senate for ratification. 
Since, however, a draught only had been sent, it had been determined, in conformity 
Avith a plan occasionally adopted in important cases, to ask the Senate before- 
hand whether it advised the President to conclude a treaty on the terms 
proposed. 

Mr. Seward proceeded to say that Mr. ConiNan would, in all probability, have 
signed the treaty at once, had he not been displeased by the rejection, by the 
Mexican congress, of a " very proper" treaty negotiated by Sir Charles Wyke. 
Mr. Corwin had, Mr. Seward said, given Sir Charles Wyke all the support in 
his power, and had declined to conclude his own treaty when he found that the 
ti'eaty made by Sir Charles had been rejected. 

I told j\Ir. Seward that I had received a private letter from Sir Charles Wyke, 
speaking in the highest tenus of Mr. Corwin. 

Mr. Seward observed that, as the draught of the treaty was before the Senate in 
secret session, it Avould not be right for him to acqixaint me with the exact sum 
to be advanced by the United States, or with other details. 

I have reason to suppose that Mr. Corwin was instructed not to engage for 
the payment of money by the United States luiless the Mexican government 
should previously come to such an arrangement with Great Britain as should 
render it pretty certain that the money would not be paid in vain ; that it Avould 
not fail to prevent the combined expedition, or at all events to prevent Great 
Britain taking part in it. 

Some of the details of Mr. Corwin's draught have ti'anspired, or at any rate very 
confident assertions are made concerning them. It is stated that the sinn to be 
advanced is, in all, 89.000,000 ; SoOO.OOO to be paid at the expiration of thirty 
days from the ratification of the treaty, and a like sum at the expiration of ench 
successive })eriod of thirty days, mitil $5,000,000 have been advanced ; the 
remaining .$4,000,000 to be advanced in half-yearly payments of $2,000,000, 
the first to be made six months after the ])ayment of the last sum of $500,000. 

As security the American govcmnncnt is to have a mortgage on all the jtublic 
lands, minerals, &:c., of Lower California, Chihuahua, and two other provinces 
bordering on the United States. A commission composed of three ^lexicans 
and tAvo Americans is to assinne the administration of the land, &:c., thus 
mortgaged. 

It is understood, how(!ver, that ^Ir. Corwin will still be instructed to abstain 
from signing the treaty, iniless there be a reasonable prospect of its attaining the 
object the United States government have in view, that of removing the com- 
bined fleets to a distance from the Gulf of Mexico and the coasts of this country. 
I liave, &c., 

LYONS. 



THE PRESENT CONDITIOX OF MEXICO. 419 

No. 112. 
M. Isturiz to Earl Russell. 

Leoacion de Espana en Loivdres, 

13 de Enero de 1862. 

My Lord : El gobiemo de la Reina mi augiista soberaiia me comunica con 
feclia 7 del actual las instrucciones que apenas recibio en 13 de Diciembre las 
ordenes necesarias para el cumplimiento de la convencion firmada en Londres el 
31 de Octubre ultimo, se apresuro a remitir el capitan general de Cuba a los 
gefes del ejercito y escuadra de la expedicion que liabia enviado a Mejico, en 
virtud de ordenes anteriores j en completa ignorancia de los pormenores j 
arreglos que fueron consecuencia de la citada convencion. 

A mi vez tengo el honor de transmitir a ruestra exceleucia una copia de estas 
instrucciones, cuyo tenor es sin duda el mas a proposito para asegurar, de 
acuerdo con lo estipulado en 31 de Octubre, la accion mancomunada de las tres 
potencias en la repiiblica de Mejico. 
Con este, &c., 

XAVIER E ISTURIZ. 

[Translation.] 

Spanish Legation, 
London, January 13, 1862. 

My Lord : Tlie government of the Queen my august sovereign communicated 
to me on tlie 7tli instant tlie instructions wliich tbe captain general of Cuba, so 
soon as be received on the 13tb December tlie orders necessary for carrying out 
tlie convention signed in London the 31st October last, hastened to transmit to 
the heads of the army and squadron of the expedition -which he had sent to 
Mexico, in furtherance of precediug orders, and in entire ignorance of the details 
and arrangements made in consequence of that convcntiou. 

I have now the honor to forward to your excellency a copy of those instruc- 
tions, the tenor of which is doubtless most suitable to secure, in accordance with 
Avhat was stipulated on the 31st October, the joint action of the three powers in 
the republic of Mexico. 



I have, &c., 



XAVIER E ISTURIZ. 



Enclosure in No. 112. 



Instructions addressed hy tlie captain gene^-al of Cuba, on tlie 13tk of December, 
1861, to the heads of the Spanish expedition to Mexico. 

1. Si al recibo de este despacho no se hubiesen emprendido ya operaciones 
militares debera suspenderse toda agresion, permaneciendo las tropas a bordo si 
en ello no hay inconveniente 6 peligro ; si en efecto lo hubiese procuraran V.EE. 
desembarcar y formar un campamento atrincherado, donde permanecera la 
division a la defensiva sin proceder a agresion de ningun genero y protegida por 
la escuadra. 

2. Si como lo afinnan todas las noticias aqui recibidas, han sido abandonados 
por los Mejicanos la plaza de Vera Cruz y el Castillo de San Juan de Ulna, y 
las tropas han ocupado ya ambos puntos, deberan V.EE. conservarlos, rechazando 



420 THE PRESENT COXDITION OF MEXICO. 

los ataques de que pudiera set objeto, pero siu tomar nunca la iniciativa de 
operacion alguna militar. 

3. En los dos supuestos precedentes esperaran la llegada del nuevo general 
ministro plenipotenciario, a qnien supongo se le ban comunicado por el gobiemo 
todas las instrucciones necesarias acerca de la condncta ulterior de la expedicion. 
Con la llegada del Sefior Prim concidira probablemeute la de los almirantes 
Frances e Ingles, j en semejaute caso cumple solo a V.EE. atenerse a los 
acuerdos de las tres potencias. 

4. Si la plaza y el castillo estuviesen en aptitud de defenderse y el ataque se 
hubiese emprendido, se procedera como convenga al cumplimieuto de las mievas 
ordenes de su Magestad si el bonor de nuestras armas lo permite, y sino se 
Uevara a cabo lo que pueda ser necesario a la gloria del nombre Espanol. 

5. Si el bloqueo se bubiese establecido al recibo de esta comunicacion decla- 
raran V.EE. en suspense sus efectos basta la llegada de los aliados. No pre- 
sciudiran sin embargo de la posesion de la aduana si ya estuviesen en ella ; pero 
la entregaran inmediatameute a disposicion de los plenipotenciarios luego que 
esten reunidos. 

Como V.EE. ban podido comprender, las cinco disposiciones precedentes se 
reasumen en un pensamiento general reducido a conservar un perfecto statu quo 
basta que llegueu los representantes de las potencias aliadas. 

A la discrecion de V.EE. corresponde, dado el estado de cosas que yo no 
puedo conocer desde aqui, armonizar lo que se ba becbo con lo demas que deba 
hacerse, evitaudo conflictos y complicaciones con las potencias finnantes del 
convenio. 

Dios, &c. 

FKANCISCO SERRANO. 

[Translation ] 

1. If, at tbe receipt of tbis despatcb, no military operations sball bave been 
undertaken, all aggression must be suspended, tbe troops remaining on board 
sbip if tbere sball be no inconvenience or danger tberein ; but if in fact tbere 
sliould be any, you will land and form an entrencbed camp, wbcre tbe division 
will remain on tbe defensive, Avitbout proceeding to an attack of any sort, and 
under protection of tbe squadron. 

2. If", as it is asserted by all tbe infonnation bitberto received, tbe place of 
Vera Cniz and tbe Castle San Juan de Ulloa bave been abandoned by tbe Mex- 
icans, and botb points are in occupation of tbe troops, you will maintain tbem, 
repulsing any attacks tbat may be made against tbem, but witbout ever taking 
tbe initiative of any military operation. 

3. In tbese two supposed cases you will aAvait tbe arrival of tbe new general 
minister plenipotentiary, to Avbom, I presume, all tbe instructions necessary for 
tbe ulterior conduct of tbe expedition will bave been connnunicatod by tbe gov- 
ernment. Tbe arrival of Seiior Prim will probably coincide witb tbat of tbe 
Frencb and Englisb admirals, and in sucli case you will bave to attend only to 
tbe concuiTcnt resolves of tbe tbree powers. 

4. If tbe place and tbe castle sball be in a defensive attitude and tbe attack 
shall bave been commenced, you sball proceed according to tbe ncAv orders of 
her Majesty, if tbe honor of our anns allow it, and if not, you will complete 
what may be requisite for tbe glory of tbe Spanish name. 

5. If tbe blockade shall be established on the receipt of this communication, 
you will declare the effects thereof to be in suspense until tbe arrival of the 
allies. Nc!vertheless, you will not give up possession of tbe custom-house, if 
you shall be in possession of it ; but you will immediately place it at the dis- 
pf>sal of the plenipotentiaries so soon as they shall have met. 

As you will have understood, the live preceding articles may be summed up 



THE PRESENT CONDITION OF MEXICO. 421 

in one general idea, of maintaining a perfect statu quo until tlie aiTival of tlie 
representatives of the allied powers. It is left to yoiu* discretion, according to 
the state of things which I cannot be acquainted Avith from this place, to har- 
monize what is done with what remains to be done, avoiding conflicts and com- 
plications with the powers who have signed the agreement. 
God preserve, &c. 

FRANCISCO SERRANO. 



No. 113. 
Karl Russell to M. Isturiz. 



Foreign Office, January 16, 1862. 

M. LE MiNiSTRE : I beg leave to thank you for your note of the 13th instant, 
in which you communicate to me the instructions addressed by the captain 
general of Cuba to the commander of her Catholic Majesty's military and naval 
forces in Mexico. 

I have at the same time the honor to infoitn you that, whilst those instruc- 
tions are considered satisfactory by her Majesty's government, they have not 
yet been able to understand why the Spanish expedition set out before the arrival 
of the British and French forces. 
I am, &c., 

RUSSELL. 



No 114. 

Earl Cowley to Earl Russell- 

[Extract.] 

Paris, January 17, 1862. 

M. Thouvenel informed me this afternoon that the Emperor had determined 
to re-enforce the expeditionary corps sent to Mexico. M. de Flahault, his excel- 
lency said, would be instructed to state the reasons of this determination to your 
lordship, and he (M. Thouvenel) hoped that it would not be opposed by her 
Majesty's government. 



No. 115. 
M. Isturiz to Earl Russell. 



Legacion de Espana en Londres, 

18 de Enero de 1862. 

My Lord : He tenido el honor de recibir la comunicacion de vuestra excel- 
encia fecha 16 del actual, en respuesta a la dota que le dirigi el dia 13, trasla- 
dandole las instrucciones enviadas por el capitan general de Cuba a los gefes de 
la expedicion de Mejico. Manifiesta en ella vuestra excelencia que considera 



422 THE PRESENT CONDITION OF MEXICO. 

satisfactorias aquellas instnicciones, pero que el gobiemo de su Magestad Britanica 
no lia podido comprender aun porque salio de Cuba la expedicion Espanola 
antes de la llegada de las fuerzas Inglesas y Francesas. Creia liaber explicado 
suficientemente este punto en mi nota de 22 de Diciembre ultimo ; pero puesto 
quetodavia necesita aclaracioues, dire a vuestra excelencia que, segiin los despachos 
del capitan general de Cuba, las ordenes para suspender la expedicion, euviadas por 
la via de Nueva York con la esperanza de que llegasen mas pronto a su destino, 
no fueron rccibidas en Cuba liasta la mitad de Diciembre, y que el capitan gen- 
eral, ignorante de los pormenorcs del tratado j del punto lijado para la reunion 
de las escuadras y temeroso de Uegar tarde a Vera Cruz, juzgo oportuno no 
demorar la salida de una expedicion que Lacia mucho ticmpo que se liallaba lista 
de todo punto. Si en la conferencia que tuve el bonor de celebrar con vuestra 
excelencia el dia 7 del corriente se liubiese tocado esta duda, bubiera yo tenido 
el mayor gusto en desvanecerla, como espero lo quedara ahora con estas francas 
explicaciones. 



Con este, &c., 



XAVIER E ISTURIZ. 



[Translation.] 



Spanish Legation, 
London, January 18, 1S62. 

My Lord : I bave bad the bonor to receive your excellency's communication 
dated tbe 16tb instant, in reply to tbe note wbicb I addressed you on tbe 13tb, 
transmitting to you tbe instructions sent by tbe captain general of Cuba to tbe 
beads of tbe expedition to Mexico. In tliat communication your excellency 
iufonns me tbat you consider tliose instructions satisfactory, but tbat bcr Britan- 
nic Majesty's government could iiot yet iindcrstand wby tbe Spanisb expedition 
left Cuba before tbe ai'rival of tbe Englisb and Frcncb forces. I tbouglit I bad 
sufficiently explained tins point in my note of tbe 22d of December last, but 
since it still requires explanation, I bave to inform your excellency tbat accord- 
ing to tbe despatcbes of tbe captain general of Cuba tbe orders to suspend tbe 
expedition, wliicb were sent via Xew York in tbe bope tbat tliey -would tbe 
sooner reacb tbeir destination, were not received in Cuba till tbe middle of De- 
cember, and tbat tbe captain general, unacquainted witb tbe details of tbe treaty, 
and witli tbe point fixed for tbe meeting of tbe squadrons, being also fearful of 
arriving too late at Vera Cruz, tbougbt it rigbt not to delay tbe de2)arture of an 
expedition wbicb bad been for a long time ready in every point. If tbis doubt 
bad been mentioned at tbe interview wbicb I bad tbe bonor to liaAT A\itb your 
excellency on tbe 7tb instant, I sbould bave already bad very great pleasure in 
clearing it up, as I bope will be done by tbis frank explanation. 
I bave, &c., 

XAVIER E ISTURIZ. 



No. IIG. 

Earl Rusidl to Earl Cowlei/. 

[Extract.] 

Foreign Office, Januarij 20, 1S62. 

I saw Coimt Flabault yesterday. His excellency informed me tbat lie was 
instructed to state tbat tbe French government considered it necessary to send 



THE PRESENT CONDITION OF MEXICO 423 

an additional land force to Mexico. I had been prepared for this communication 
by your excellency's despatch of the 17th of January. 

Count Flahault went on to say that the precipitate step taken by General 
Serrano in commencing operations, without waiting for the forces of France and 
England, was calculated to enhance the difficulties of the expedition ; that it 
now seemed inevitable tliat the allied forces must advance into the interior of 
Mexico, and not only would the force at present agreed upon be insufficient for 
such an operation, but the operation itself would assume a character in regard to 
Avhich the Emperor could not allow the French force to be in a position of infe- 
riority to that of Spain, or to run the risk of being compromised. 

His Imperial Majesty has therefore determined to send a re-enforcement of 
between 3,000 and 4,000 men to Mexico. 

I told Count Flahault that I very much regretted this step : I had no objec- 
tion to offer on behalf of her Majesty's government to the validity of the argu- 
ment that the forces of France should not be inferior in number to those of 
Spain. I would, therefore, only observe that it would not be possible for her 
Majesty's government to detach any greater amount of troops for operations on 
shore than the force of marines already sent to the Mexican coast. 



No. 117. 
Earl Russell to M. Istur'iz. 



Foreign Office, January 23, 1862. 

M. LE MiNlSTRE : In acknowledging the receipt of your excellency's commu- 
nication of the 1 8th January last, I have to state to your excellency that although 
her Majesty's government are not entirely satisfied with the explanation offered 
by your excellency as to the departure from Cuba of the Spanish expedition to 
Mexico before the time agreed upon between the three powers, they are willing 
to accept your excellency's declaration that it has been the intention of her 
Catholic Majesty's government to act in couformiry with the provisions of the 
treaty of the 20th of November, 1861. 
I am, &c., 

EUSSELL. 



No. lis. 
Earl Russell to Sir J. Cra,mpton. 



Foreign Office, January 19, 1862. 

Sir: Although her Majesty's government are satisfied, from the explanations 
given by M. Isturiz, that the government of her Catholic Majesty has given 
instructions to her Catholic Majesty's commanders at Havana in conformity with 
the agreements entered into with her Majesty and his Majesty the Emperor of 
the French, yet the proceedings of Marshal Serrano are calculated to produce 
some uneasiness. 

The departure of the Spanish expedition from Havana, and the military occu- 
pation of Vera Cruz, to say nothing of the tone of the proclamation issued by 
the Spanish government, demonstrate that a combined expedition, at a great 



424 THE PEESENT CONDITION OF MEXICO. 

clistauce from Europe, is subject to the discretion at all times, to the rashness 
sometimes, of the separate commanders and diplomatic agents. 

I Avish you to read to Marshal O'Donuell and M. Calderon CoUantes the 
preamble and the article of our convention which define what oiu- intervention 
is intended to do, and what it is not intended to do. 

You Avill point out that the allied forces are not to be used for the purpose of 
depriving the Mexicans of their imdoubted right of choosing their own form of 
government. 

Should the Mexicans choose to constitute a new government which can restore 
order and preserve amicable relations with foreign nations, her Majesty's govern- 
ment Avill be delighted to hail the formation, and to support the consolidation, of 
such a government. If, on the contrary, the troops of foreign powers are to be 
used to set up a goverimient repugnant to the sentiments of Mexico, and to sup- 
port it by military force, her Majesty's government could expect no other resvdt 
from such an attempt than discord and disappointment. In siich a case the allied 
governments would only have to choose between withdrawing from such an 
enterprise with some shame, or extending their interference beyond the limits, 
scope, and intention of the triple convention. 

You will explain to Marshal O'Donnell that this appi-ehension on our part 
does not arise from any suspicion of the good faith of the government of her 
Catholic Majesty; but commanders acting at a distance require to be very closely 
watched, lest they should commit then- principals to unwarrantable proceedings. 

You will read this despatch to M. Calderon Collantes. 
I am, &c., 

RUSSELL. 



No. 119. 

Earl Cowley to Earl Russell. 
[Extract.] 

Paris, Janvary 24, 1862. 
I have heard from so many quarters that the language of officers going -with 
the re-enforcements to Mexico is, that it is for the purpose of placing the Arch- 
duke Maximilian upon the throne ol that country, that I have thought it neces- 
sary to q^^estion M. Thouvenel upon the subject. 

I inquired of M. Thouvenel whether any negotiations had been pendhig be- 
tween this government and that of Austria with reference to the Archduke 
Maximilian. His excellency replied in the negative. He said that the negotia- 
tions had been carried on by Mexicans only, who had come over for the purpose 
and gone to Vienna. 



No. 120. 
Earl Rvsscll to Sir C. Jll/ke. 



FoREFGN Office, January 27, 1862. 

Sir: I have receiAed and laid before the Queen your despatches from the 
18th to the 28th November. 

Since I last wrote to you. the Emperor of the French has decided to send 
3,000 more troops to Vera Cruz. 



THE PRESENT CONDITION OF MEXICO. 425 

It is supposed that these troops will march at once AA'ith the French, and a 
part of the Spanish troops already there, to the city of Mexico. 

It is said that the Archdnke Ferdinand Maximilian will be invited by a large 
body of Mexicans to place himself on the throne of Mexico, and that the Mexi- 
can people will gladly hail such a change. 

I have little to add to my former instructions on this head. If the Mexican 
people, by a spontaneous movement, place the Austrian archduke on the throne 
of Mexico, there is nothing in the convention to prevent it. 

On the other hand, we could be no parties to a forcible intervention for this 
purpose. The Mexicans must consult their own interests. 

I have to add to my fonner instructions respecting the admirals in the Atlantic 
and Pacific, that you will make no objection to the withdraAval of the marines 
from Vera Cruz Avhen the unhealthy season shall arrive. 

You will also not object to any measures Avhich may be concerted between the 
senior British naval officer at Vera Cruz and Admiral Maitland for the occupa- 
tion or blockade of any or all the Mexican ports on the Pacific which it may be 
thought necessary, for the purposes of the convention, to occupy or to blockade, 
Acapulco, San Bias, and Mazatlau, are the ports chiefly alluded to in this in- 
struction. 

I am, &c., 

RUSSELL. 



Ko. 121. 
Sir C. Wyke to Earl Russell. 

Mexico, December 14, 1861. 

Mv Lord: I have the honor to acknowledge receipt of yoiir lordship's de- 
spatch of the 1st of November last, instructing me to proceed to Jamaica, with 
all the members of her Majesty's mission here, as soon as Admiral Su- Alexander 
Milne could send a vessel-of-war to Vera Cruz for that purpose. 

Having just heard of the an-ival of her Majesty's ship "Ariadne" at that port, 
I yesterday wrote to Seiior Doblado, the newly-appointed minister for foreign 
aft'airs, requesting to be furnished with my passports, to enable me to leave the 
territory of the republic. 

I have the honor to enclose copy of my letter to his excellency, together Avith 
his reply thereto. 

I quit Mexico for Vera Cruz the day after to-morrow, leaving Mr. Consul 
Glennie in charge of the archives of the legation ; and in the event of hostilities 
taking place between her Majesty's forces and those of the repubhc, I have re- 
quested M. Kint de Roodenbeeck, the Belgian charge d'affaires, to take British 
subjects and their interests here under his protection. 

I herewith enclose copy of the communication which I addressed to him with 
reference to this matter, together with his reply thereto. 

I shall wait at Vera Cruz for the English mail, which ought to an-ive there 
on the 27th instant, and immediately after its arrival shall proceed on to Jamaica 
to join the admiral, who expects to be there in the first week of January. 
I have, &c., 

C. LENNOX WYKE. 



426 THE PRESENT CONDITION OF MEXICO 

Enclosure I in No. 121. 
Sir C. IVi/ke to Senor Dohlado. 

Mexico, Decemher 13. 1861. 

Sir : The ultimatum of lier Majesty's government, which 1 presented to that 
of the repubhc on the 24th ultimo, having remained up to the present moment 
unanswered, no other course is now open to me than to demand my passports, so 
as to enable me and the other members of her Majesty's mission to leave Mexico. 

Mr. Glennie, the English consul here, will remain in charge of the archives of 
the legation, as well also as of British subjects and their interests in the republic. 
Should, hoAvever, hostilities hereafter unfortuuat'^.ly ensue between the forces of 
our respective governments, it will then become necessary to place my country- 
men and their property here under the protection of a neutral flag, for Avhich 
jjurpose ' I have requested M. Kint de Roodenbeeck, the Belgian charge 
d'affaires, to take charge of them, which, from the intimate relations of friend- 
ship existing between the governments of Belgium and Great Britain, he has 
most willingly consented to do. 

This I consider necessary more as a matter of fonn than for any other reason, 
so convinced am I that under such circumstances the government of Mexico 
will consider it as a point of honor to afford every protection and guarantee to 
British subjects whose interests may oblige them to remain as residents within 
the ten-itory of the republic. 

In order to avoid great inconvenience both to the Mexican government as well 
as to the whole commercial body, I shall leave Don Rafael Beraza here to direct, 
as heretofore, the courier service of this legation, which 1 am sure will continue 
to receive every protection and assistance from your government. 

My intention is to leave this city for Vera Cruz on Monday next, and I sliould 
feel obliged if your excellency would give the necessary instructions in the 
proper quarter to furnish me with a proper escort for our due protection on the 
road. 

I have, &;c., 

C. LENNOX' WYKE. 



Enclosure 2 in No. 121. 

Senor Dohlado to Sir C. Wyke. 

[Ti-anslation.] 

Government House, Mexico, Decemher 14, 1861. 

The undersigned, minister for foreign affairs, has liad tlie honor to receive the 
note of his excellency Sir Charles Wyke, &:c., dated the IStli instant, in which 
he is pleased to state tliat, as his ultimatum of the 24th ultimo has not been 
answered, the legation will be under tlie necessity of leaving Mexico ; adding 
that Mr. Glennie, British consul, remained charged with the protection of the 
British subjects, and that in the unfortunate event of a rupture, this commission 
Avas intrusted to the Belgian charge; d'affaires, but rather as a form than for 
any other motive, since his excellency I'ests assured that Mexico will, as a point 
of honor, give every sort of guarantee to British subjects, and concludes by 
announcing that Don Rafael Beraza will remain in this cajiital in order to 
superintend the couriers of the legation, which legation intending to leave next 



THE PRESENT CONDITION OF MEXICO. 427 

Monday, he reqiiests that the necessary escort should be furnished him, in order 
to protect him on his journey. 

Complying- with the request of his excellency, the undersigned has the honor 
to annex herewith the necessary passport, at the same time that he hastens to 
transmit to him a copy of the circular issued on the 5th instant by the supreme 
government of the republic, in which the desires of that legation are anticipated, 
assuring, as it does, guarantees to all the foreigners residing in the country, even 
in the unfortunate event of a rupture, 

Tlie orders are given for the placing of the escorts that have to protect the 
person of his excellency. Sir Charles Wyke, up to Vera Cruz, and the post- 
master general is agreed that Don Kafael Beraza should remain charged with 
the transmission of the correspondence of the legation. 

The citizen president being authorized in every possible way by the supreme 
congress to make treaties with friendly nations without the necessity of obtain- 
ing the api)roval of that body, he has still the hope of renewing the negotia- 
tions with his excellency the British minister that were interrupted, always on 
the understanding, as is indispensable, that that legation should be sufficiently 
authorized by the government of her Britannic Majesty, for Mexico is disposed 
to do whatever may be compatible with justice and the national dignity. 

The undersigned, &c. 

MANUEL DOBLADO. 



Enclosure 3 in No. 121. 
Circular addressed to governors of States. 

MiNISTERE DBS RELATIONS, 

Mexico, le 5 Decembre, 186 1. 

La situation delicate oii en est venue la republique avec les puissances 
etrangeres met la nation et le gouvernement dans le devoir imperieux dc veiller 
plus c[ue jamais i\ ce que les gai'anties concedees aux etrangers par les lois du 
pays et le droit des gens soient respectees d'une maniere inviolable. 

La justice du Mexique dans ses ditfiirends avec quelques unes de ces 
puissances offre une probabilite que les conflits seront ecartes, lorsqu'on 
examinera de plus pres les motifs puissants qui sout venus s'interposer acci- 
dentellement comme une difficulte dans le developpement des relations cordiales 
que le Mexique a desire, meme au prix de grands sacnfices, cultiver et resserrer 
avec les nations amies. 

Une preuve de ces desirs est la franche et genereuse hospitalite avec laquelle 
le pays a rcQci dans son sein les enfants de ces nations, en leur concedant les 
plus grandes franchises dans I'exercice du commerce, de I'agriculture, de 1 mdus- 
trie et des arts. Si quelquefois des evenements qui ont porte prejudice, non 
seulement aux etrangers, mais encore aux nationaux dans une mesure beaucoup 
plus grande, le Mexique n'a jamais cesse neanmoins de manifester sou amour 
pour la justice et la civilisation, ni de faire tout ce qu'exigent ces dernieres, dans 
I'interet de son nom et de son decorum. 

Oependant, des difficultes inattendues obligent aujourd'hui la nation a donner 
de nouvelles preuves et de plus grands temoignages de loyaute et d'honneur aux 
puissances etrangeres, et a dementir, par des actes d'humanite et d'iUustration, 
la note de semi-barbares qu'on deverse sur elle, grace aux manoeuvres execrables 
et aux informations mensongeres de speculateurs sans conscience et de quelques 
enfants denatures du Mexique qui feraient sa honte, s'il n'etait certain que les 
nations, comme les families, ne peuvent etre responsables devant la veritable 



428 THE PEESEXT CONDITION OF MEXICO. 

civilisation de ringratitude et des vices personnels d'une minorite d'liommes qui, 
dans toui< les pays et dans tons les temps, out pretendii ternir I't'clat des societes 
les plus eelairees. 

En consid(-ration de ce qui precede, le citoyen president a bien a'OuIu decider 
que je vous recommande, comme j'ai I'lionneur de le faire, de veiller, aujourd'hui 
plus que jamais, par tons les moyens que vous suggerera votre prudence, votre 
circonspection et votre patriotisme, a ce que les garanties concedees aux etrangers 
par les traites et par le droit des gens deviennent efficaces, en ecartant ainsi tout 
motif ou tout pvetexte qui put les engager a ne pas conserver la stricte neutralite 
a laquelle ils sont obliges dans les questions pendantes avec le gouvernement 
respectif. II appartient a votre jugement et a votre tact bien connus de diriger 
vers un but profitable I'exaltation du patriotisme, et d'empecher que les excita- 
tions populaires dans les conflits de la nation ne debordent contre les etrangers 
laborieux et pacifiques, auxquels on doit entiere protection, de meme qu'on doit 
appliquer strictemeut la loi aux turbulents et aux seditieux. 

II est superflu de vous demontrer combien la situation actuelle serait aggi'av^e 
par des desordres qui, dans les circonstances du moment, viendraient justifier 
dans une certaine mesure les inculpations que Ton fait au Mexique, et combien, 
au contraire, contribuerait au bon succes de sa defense I'attiiude digne d'un 
peuple qui soutient, dans son independance, et son decorum, son amour pour 
I'humanite et la civilisation. 

En accomplissant I'ordre du citoyen president, il m'est agreable de vous reit- 
erer, &c. 

Dieu, liberie et rdforme. 

JUAN DE D. ARIAS. 

Au Citoyen Gouverneur de VEtat de . 



Enclosure 4 in No. 121. 
Sir C. Wyhe to M. de Roodenbeeck. 

Mexico, December 13, 1861. 

Sir and Dear Colleague : On quitting Mexico I leave Mr. Glennie, our 
consul here, in cliarge of the archives of the legation, as Avell also as of the iu- 
interests of those British residents in the republic whose affairs, either public or 
private, will not pennit them to leave the country at the present time. 

For the moment such protection will prove sufficient ; but in the event of 
hostilities hereafter occurring between her Majesty's forces and those of this 
republic, it will become necessary that Englishmen and then' property here 
should be placed under the protection of a neutral flag. 

With this object in view, and taking into consideration the intimate and 
friendly relations existing between our respective governments, I know nobody 
more fitting to take charge of British interests than yourself, provided you would 
not object to do so under the circumstances I have named ; in Avhich case, with 
full confidence in your tact and judgment, I should feel certain that my country- 
men would receive every protection and assistance Avhich you may have it in 
your power to afford during the absence from this capital of a British legation. 
I have, &c., 

C. LENNOX WYKE 



THE PRESENT CONDITION OF MEXICO. 429 

Enclosure 5 in No. 121. 
M. de Roodenbeeck to Sir G. Wyke. 

LEGATION DE BELGiaUE, 

Mexico, le 14: Deoemhre, 1861. 

Monsieur et Cher Collegue : J'ai recju la depeclie en date d'liier par 
laquelle vous m'avez fait riionneur de m'inforiner, que lors de votre depart de 
Mexico vous confierez les arcliives de la legation de sa Majeste Britannique et 
les interets de vos nationaux a M. Glennie, votre consul dans cette residence ; 
mais que si des actes d'hostilite devaient avoir lieu entre les forces de la Grande 
Bretagne et celles du Mexique vous desirez que les nationaux Anglais et leurs 
propri(ites soient places sous la protection du pavilion et de la legation Beiges. 

Je m'empresse de vous manifester, Monsieur et clier collegue, que jc serai 
heureux de faire tout ce qui sera en mon pouvoir pour que durant I'eloignement 
de la legation de sa Majeste Britannique, vos compatriotes et leurs propretes 
soient parfaitement respectes. N'importe dans quelle eventualite, ils trouveront 
aupres le la legation du Roi mon auguste souverain la meme protection et la 
meme assistance que mes propres nationaux. 
Je saisis, &c., 

T'KINT DE ROODENBEECK. 



No. 122. 
Sir C. Wyke to Earl Russell. 

[Extract ] 

Vera Cruz, Decemhcr 29, 1862. 

I arrived here on tlie evening of the 24th from Mexico, intending to leave this 
place in her Majesty's ship " Ariadne " for Jamaica immediately after the arrival 
of the English mail, which I fully expected would have brought your lordship's 
replies to my official correspondence of the 29th of October last. The steamer 
" Clyde " arrived at this port the day before yesterday, without, however, havmg 
brought any despatches for me, so that I conclude they have been sent to 
Jamaica under the admiral's address. Yesterday morning Cajitain Von Douop, 
of her Majesty's ship " Jason," called to show me a letter from Commodore 
Dunlop, dated the 23d instant, from the Havana, by which I learnt that it was 
not the admiral's intention to proceed to Jamaica as announced, but that he Avas 
expected Avith the squadron at the Havana on the 26th instant en route for Vera 
Cruz. 

Under these circmnstances, had I proceeded even at once to that place in the 
"Ariadne," I should probably have crossed without meeting him on the way. 

This consideration induced me to remain Avhere I was ; and by way of avoid- 
ing any further uncertainty, I immediately despatched Mr. Walsham in the 
" Ariadne " with a letter for the admiral, begging his excellency at once to for- 
ward to me my despatches in case the present critical state of our relations with 
the United States should prevent his coming on here, as Captain Von Donop 
thought it not at all improbable that he would now return to the north. 

As this place has been in possession of the Spaniards since the 17th instant, 
there could be no impropriety in my remaining here, as I am no longer residing 
in a town under the authority of the Mexican government. 



430 THE PEESEXT COXDITIOX OF MEXICO. 

The Englisli and Frencli squadrons are expected here three or four days 
hence, hut they may be detained for a -week or ten days more in consequence of 
the heavy northerly gales which so frequently blow on this coast at the present 
season. 

Until the admiral's arrival, or Mr. Walsham's return, I of course remain igno- 
rant of tlie nature of your lordship's instructions, as well also of the stipulations 
of the convention Avhich I hear has been signed by the plenipotentiaries of 
England, France, and Spain. 



Xo. 123. 
Sir C. lV?/le to Earl Russell. 

[Extract.] 

Vera Cruz, Dccemler 29, 1861. 

On my arrival here, a few days ago, I found that Vera Cruz had fonnally 
been taken possession of, on the 17th instant, by a Spanish force, under the 
command of General Gasset, composed of 6,500 men and 300 horses. They 
were brought here from the Havana in twenty-six transports and vessels-of-war, 
commanded by Admiral Rubalcava, who having summoned the place to surren- 
der, both castle and town were delivered tip to him without resistance. All the 
Mexican authorities, with many of the iuhabitauts, retired into the interior, and 
nothing has since occun-ed to disturb the peaceable occupation of the tOAvn, 
which the Spaniards hold in the name of the allies as well as their own, until 
the an-ival of the English and French admirals. 

They have formed an administration for the service of the custom-house, post 
office, town council, &c. All duties le\'ied arc to be divided hereafter, according 
to the claims of each nation on the government of the republic. 

On arriving here, the governor of the town immediately sent me a guard of 
honor, M^iich I dispensed Avith, and both himself and the general-in-chief offered 
tlieir sen'ices to me in the kindest manner. The day following I called on them, 
and they, as well as the admiral, then assured me that everytliing they had done 
was considered by them as a mere temporary measure employed until the aiTival 
of the allies. 

Their troops are a very fine body of men, and are kept under strict discipline, 
so that no complaints have been made against them by the inhabitants of the 
town. 

The Mexicans arc fortifying some very strong mountain passes, where they 
mean to resist the march of the allies on the capital ; but as long as the Span- 
iards keep within their lines here they do not intend to molest them, except by 
cutting off, as far as they can, all supplies of provisions from enti'ring tlic town. 
As fresh meat was becoming scarce here a few days ago, General Gasset was 
about seizing on three of the neighboring villages to obtain cattle, but I strongly 
advised him not to take such a step before the amval of the French aiul English 
forces, as by so doing he would only bring on a collision with the Mexican forces 
outside the town, which it was most advisable to aA'oid, owing to the bitter feel- 
ing still existing in this country against the Spaniards. The generiil most 
readily yielded to my wislies, and although the troops were already out and 
muler arms, he consented to change his projected expedition into a mere military 
promenade, to Vie made round the outer works of the town. 

1 at the same time wrote to General Uraga, commanding the 3Iexican forces 
outside, strongly advising him to allow provisions to enter the town for the sake 



THE PRESENT CONDITION OF MEXICO. 431 

of liis own countrymen shut up in it, and also to avoid any hostile movement 
until the an-ival of the allied squadrons in this harbor. This suggestion was 
also well received, as the general replied that he Avould do all in his power to 
carry out my wishes. 

I am most anxious to give time for the fomiation of a respectable government, 
who will understand that it is for their interest to receive the intervention in a 
friendly and not a hostile spirit, so as to aid them to re-establish order, and take 
the opinion of those who alone are entitled to have a voice in the matter. 
Hitherto the men of property and intelligence have been completely silenced 
and domineered over by the rabble, who elected from their own class the mem- 
bers of a congress which, besides being a disgrace to the country, rendered 
anything like good government impossible. 

The nation are now thoroughly frightened at the formidable coalition foi-med 
against them, and will be more disposed to grant what Ave want before blood has 
been shed and their passion excited, than they will be when once engaged in a 
struggle with the Spaniards. 

The rejection of my convention by the congress, as described in my last 
month's correspondence, had the effect of breaking up the late cabinet, and the 
crisis which then ensued brought General Doblado forward, who would only 
consent to form a government on the condition of having full powers confeiTcd 
on him by congress, authorizing him to settle pending questions with the three 
powers as he deemed best. Having obtained these he adjourned the assembly 
until April next, and now remains unfettered to make the best arrangement he 
can witli us. 

He is a man of such talent and influence in the country that the reactionary 
chiefs began to lay down their arms and give in their adhesion on his appoint- 
ment becoming known, and he is now engaged in forming his cabinet from the 
best men he could find, ii-respectivc of their political opinions. 

His first act was to entreat me not to leave Mexico, as he was, he said, now 
able to conclude an arrangement with me that would give England positive guar- 
antees for the due fultilment of their engagements towards us. As this overture 
was made to me after the arrival of last month's mail bringhig English news- 
papers in which it Avas positively stated that a convention Avas about being signed, 
binding the three poAvcrs to a joint inten^ention in Mexico, I could not, of course, 
take advantage of an offer AA'hich, under other circimistances, I should have gladly 
aA'ailed myself of. 

EA'erything depends on the manner in AA'hich matters are managed here at 
first. If the interA'ention is properly received it Avill proA^e a blessing to the 
country ; but, on the other hand, A'iolent measures at first will spoil all, and en- 
gage us in an imdertaking the difliculties of Avhich can hai'dly be overrated. 

Fortunately, the Spanish commander, both military and naval, appear to be 
men of great pnidence and discretion, and up to the present moment they liaA'e 
shoAvn a spirit of justice and conciliation Avhich speaks highly in their faA'or. 

In a long conversation I had Avitli Admiral EubalcaA'a the day before yester- 
day, he expressed his opinion on this subject in terms nearly identical to those 
I have now used in giA'ing my OAAm. 

I have the honor to enclose an extract from the " Trait d'tJnion," in which 
your lordship will find the summons of the Spanish admiral demanding the sur- 
render of the tOAvn, as well as the president's address to the nation on the pres- 
ent state of affairs. 



432 THE PRESENT CONDITION OF MEXICO. 

Enclosure in No. 123. 

Extract from the "Trait d'Umon" of Deccmhcr 19, 1861. 

L.\ SOMMATION DU CHEF DE L'ES'JADRE ESPAGNOL. 

COMMANDANCE GeNeRALE DE FoRCES NaVALES DB 

Sa Majeste Catholique uans les Antilles. 

M. le (tOUVERNEUR: La longue sdrie cl'outrages inflige.s au gouvememeut de 
sa Majeste Catholique par celui de la republique Mexicainc, les violences reite- 
rees, commises contre des sujets Espagiiols et robstination aveiigle avec laquelle 
le gouvernement dii ]\Iexique s'est refuse coustamment a ecouter les justes recla- 
matious de I'E^pague, toujours presentees avec la moderation et le decorum 
propres a uue nation aussi noble ("hidalgo,") ont mis raou gouvernement dans 
le cas de rejeter tout espoir d'obtenir, par la voie de la conciliation, nn reglemcut 
satisfaisant des graves differends existant entre les deux pays. Le gouvernement 
de sa Majeste Catholique, resolu, cependant, a obtenir reparation complete 
("cumplida") pour taut d'outrages, m'a ordonne de commencer mes operations 
en occupant la place de Vera Cruz et la chateau de San Juan de Uliia, qui 
seront conserves, comme gage ("prenda pretoria") jusqu'a ce que le gouverne- 
ment de sa Majeste s'assm-e que, dans I'avenir, la nation Espagnole sera traitee 
avec la consideration qui lui est due, et que les pactes qui seront celebres entre 
les deux gouvernements seront religieusement observes. 

Vous me communiquerez, par I'intermiJdiaire de M. le Consul Fran9ais, charge 
de representer les interets commerciaux de TEspagnc, dans le delai le vingt- 
quatre heures, comptees du moment oii vous recevrez la presente sommation, si 
vous etes ou non dispose a me livrer la place et le chateau; dans rintelligence 
que si la response est negative, ou si je n'ai re9u aucune reponse a I'expiration 
du delai, vous pouvez des ce moment considerer les hostilites commencees, et 
I'armee Espagnole debarquera dans ce but. 

Je ne dois pas vous cacher que s'il est vrai que je fais la presente sommation 
seulement au uom de I'Espagne, suivant les instructions que j'ai re9ues, I'occu- 
pation de la place et du chateau servira egalement de garantie pour les droits et 
les reclamations qu'auront a faire valoir contre le gouvernement Mexicain, les 
gouvernements de la France et de la Grande Bretagne. 

II me reste a vous faire observer que la mission de forces Espagnolcs ne so 
rattache en rien a la politique interieure du pays ("en nada se roza con la po- 
litica interior del pais"): toutes les opinions seront respectees ; on nc commcttra 
aucun acte censurable, et du moment oii nos troupes occuperont Vera Cruz, les 
chefs Espagnols repondront de la siicurite des personnes et des interets de sea 
habitants, quelle que soit leur nationalit J. II vous appartient ainsi qu'aux autres 
autoritees de donne.r des garanties aux etrangers jusqu'a ce que la dite occupa- 
tion se realise, soit pacifiquemcnt, soit de vive force. iSi les sujets Espagnols et 
les autres etrangers etaieut persecutes et maltraites, les forces qui composent 
cette expedition se verraieut dans la dure mais imperieuse necessite de recourir 
aux represaillcs. 

J'entretiens I'espoir que, quelle que soit votre resolution, vous agirez avec 
la prudence qu'on doit attendre, et vous penetrant que les forces Espagnoles, 
toujours humaines, toujours nobles et loyales, meme avec leurs cnnemis, ne 
feront pas le premier pas dans la voie des ^'iolences n-prouvees meme en cas de 
guerre, a-ous eviterez toute sorte de crimes dont le seul resultat serait de rendre 
})lus difficile, sinon impossible, le reglemcut des questions internatiouales pen- 
dantes. 

Je protite, &;e. 

Vapeur "Isabel la Catoiica," et raouillage d'Anton Lizardo, le 14 Ddcembre, 
1S61. 

JOAQUIN GUTIERREZ DE RUBALCAVA. 

M. le GouVERNEUR dc I'Etat de Vera Cruz, S^c. 



THE PRESENT CONDITION OF MEXICO. 433- 



Le Gouvcrnement Supreme a M. le Gouvcrneur de V Etat de Vera Cruz.- 

MlNISTERE DES ReLATIOMS ExTERIEURES ET DE GoBERNACION^. 

Le citoyen president, a qui j'ai rendu compte de la communication officielle- 
que vous a adressee le commandant des forces navales Espagnoles, et de celle 
que vous avez envoyee a ce chef reponse, m'ordonne de vous dire de siiivre 
ponctuellement les instructions qui vous ont ete donnees par anticipation, pour 
le cas, aujourd'liui realise, de la rupture ouverte des liostilites de la part des 
' sujets de I'Espagne, et de laisser, en matierc militaire, Taction libre au citoyen 
7 G-eneral Uraga, qui commande-en-chef I'armee Mexicaine, afin qu'il agisse egale- 
ment, dans sa sphere, conformement aux instructions detaillees qui hii ont ete 
donnees. 

11 serait pcu convenable pour le gouvernement de la republique de s'adresser 
a un chef qui, passant, par dessus les formes du droit des gens, commence par 
intimer la reddition d'une place. Le cri de guerre que la nation a lance spon- 
tanement, marque au gouvernement le cliemin (ju'il doit suivre, et cc ne sera pas 
le citoyen president de la republique qui reculera devant une invasion ('-trangere, 
avec d'autant plus de raison que, dans la circonstance, le Mexique ne fait que 
repousser la force par la force, en vertu de son droit naturel incontestable. 

Je vous adresse egalement, par disposition supreme, un exemplaire du decret 
et de la circulaire qui sont envoyes aujourd'liui, par extraordinaire, aux citoyens 
gouverneurs des etats, en voj^ recommandant de seconder, avec I'linergie et 
I'activite que commandent les circonstances, la pensee du gouvernement; le 
citoyen president ne doute pas qu'a I'aide de cette fidele execution, I'invasion 
qui menace de detruire notre liberte et notre independance sera repoussee. 

Liberie et rc'forme ! 

Mexico, le 17 Decembre, 1861. 

MANUEL DOBLADO. 

Au Citoyen Gouverneur de i/Etat de Vera Cruz. 



Circulaire aux Gouverneurs d'Etats. 

Ministere des Relations Exterieures et de Gobernacion. 
Par ordre du citoyen president, j'ai I'lionncur de vous remettre copic des com- 
munications officielles echangees entre le counnandant des forces Espagnoles -a 
Vera Cruz et le citoyen gouverneur de cet etat, ainsi que du decret et manifesto 
que le magistral supreme de la republique a cru devoir publier aujourd'liui, pour 
que les etats se preparent a la defense de I'independance. 

Apres avoir epuise les moyens d'un arrangement pacifique entre I'Espagne et le- 
Mexique, le gouvernement de la republique, fort de la conscience de sa justice et 
ressentant Timpiilsion de I'opinion populaire pronoucoe pour la guerre, accepte 
celle qu'oiit commeucee les forces Espagnoles d'uue maniere si inusitee, parceque 
son droit de repousser la force par la force est incontestable, et il proteste, devant 
le monde civilise, que la i-esponsabilite des evenements posterieurs retombera 
toute entiere et uniquemeiit sur le gouvernement de la Reine d'Espagne qui a 
fait siennes, d'une maniere si iucousideree, les injustes accusations sur lesquelles 
ont entendu speculer les ennemis de la liberte du Mexique. 

Malgre nos dissensions intestines, le sentiment pour I'independance et la haine 
centre les anciens dominateurs du pays se maintiennent vivants, bien que la 
seconde soit attenuee par I'eifet des lumieres et de la civilisation du siecle. 

Le citoyen president, en arborant le drapeau de la nationalite Mexicaine, ne 
fait que suiv:^^ le torrent de ropiuion generale, et a la plaisir de voir groupes 
H. Ex. Doc. 100 28 



434 THE PRESEXT CONDITION OF MEXICO. 

autour do lui, an jour du conflit national, la plupart des Mexicaiu^ qui reslaient 
•dtisuniH pour cause d'opinions j)olitiquc'S, mais qui ont abandonne \v^ partis iu- 
"testin.s au premier ajjpcl de la patrie. 

Bien que le gouvernement ait tout droit d'oxpidscr du territoire de la repub- 
lique le.s Espagnols qui y resident, il n'a pas voulu le f'aire quant a present, car 
il a confiance en ce que ces derniers, rc'-pondant a la generosite avec laquelle ou 
les traite, observeront la stricte neutraliti; que leur position leiir conscille. Le 
citoyen president a domie ainsi nn noveau temoignagc de la prudence avec 
laquelle il s'est conduit dans ses relations exterieures, en prouvant, par des faits 
irri'tutablc!-, qu'il n'a pas la faute si ces relations en sout venues au niallieureux 
etat dans lequel elles se trouvent actuellement. 

Le citoyen president espere done qu'en donnant une prompte et stricte execu- 
tion au d(;cret dont j'ai parle des le debut, vous mettrez en inarche, aussitut que 
possible, le contingent de force annee qui vous est signale, et que vous userez en 
outre de toutes le* ressources que vous permet votrc gouyernement i)our niettre 
I'etat de votrc digue connuandement dans I'attitude imposante qui lui correspond, 
en excitant par tons Ics habitants du meme etat, aiin qu'ils contribuent a la de- 
fense commune, et pour que, dans le cas mallienreux ou I'cnnemi pen(';trerait 
dans I'interieiir, tous les habitants du pays se levent en masse et opposent, avec 
leur epee et leiu- Constance, lane muraille invincible a I'audace de nos envahisseurs. 

Que la memoire d'Hidalgo, de Morelos et de Guerrero soit i;n excmple poiu* les 
Mexicains, et que la banniere qui flottera dans les rangs de notre amiee, a I'heure 
du combat, ait jjour inscription : " Vive I'lndependauce ! Vive la Keptiblique ! " 

Liberte e't refonne. 

Mexico, le 17 Decembre, 1861. 

* MANUEL DOBLADO. 

Au ClTOVE.V GOL VERXEIR DE L'EtAT DE . 



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